LCP4809 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED. Answers, guidelines, workings and references..... ........ ASSIGNMENT 01 Instructions: 1. Please submit this assignment as a pdf document. 2. Reference the reasons for your answers using the OSCOLA method of referencing. 3. The assignment counts 40 marks. Indicate whether the following questions are true or false AND provide a reason for your answer. Question 1 A code of conduct can be defined as a statement of intent, specifying the basic principles to be pursued in attaining specific goals. Question 2 Subsidiarity should be used as a trade-off for effective government, because subsidiarity and effectiveness conflict with each other in a co-operative government system. Question 3 Unless authorised by the principal for legitimate educational purposes, no person may bring a dangerous object or illegal drug onto school premises or have such object or drug in his or her possession on school premises or during any school activity. Question 4 Every Member of the Executive Council (MEC) must by notice in the Government Gazette, determine the ages of compulsory school attendance for learners with special education needs. Question 5 In one of your prescribed readings, the author states that further education is an open-ended concept that includes all forms of education above basic education. Question 6 The Amended National Norms and Standards for Schools Funding GN 394 in GG 40818 of 28 April 2017 constitutes provincial policy. Question 7 Bray remarks that the most important legal source for determining the legal position of the school in a public education system is legislation. Question 8 In The Western Cape Minister of Education v The Governing Body of Mikro Primary School 2005 (10) BCLR 973 (SCA), the Court, relying on Directory Advertising Cost Cutters v Minister for Posts, Telecommunications and Broadcasting 1996 (3) SA 800 (T), held that a school is not an organ of state because the legislature intended it to be independent of state or government control in the performance of its functions. Question 9 Out of funds appropriated for this purpose by the provincial legislature, the Head of Department (HoD) must establish a programme to (a) provide introductory training for newly elected governing bodies to enable them to perform their functions; and (b) provide continuing training to governing bodies to promote the effective performance of their functions or to enable them to assume additional functions. Question 10 One of the authors of the prescribed literature for this module mentions that when a school governing body suspends a learner, it must have the necessary authority to do so and it must comply with relevant legislative and customary law requirements. Question 11 Equality in terms of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, requires that school governing bodies take measures, develop action plans, and codes of conduct, and enact legislation to address unfair discrimination and promote equality. Question 12 The Admission Policy for Ordinary Public Schools Notice 2432 of 1998 provides that a Head of Department, after consultation with representatives of governing bodies, may determine feeder zones for ordinary public schools, in order to control the learner numbers of schools and coordinate parental preferences. Question 13 Education legislation provides that an administrator may depart from the requirement to furnish adequate reasons if it is reasonable and justifiable in the circumstances, without informing the person making the request of such departure. Question 14 The Minister of Basic Education is obliged to establish and provide public schools, and together with the Head of the Provincial Department of Education, exercises executive control over public schools through principals. Question 15 Education legislation provides that, District Director may, by notice in the Provincial Gazette, merge two or more public schools into a single school. Question 16 The aims of the Language in Education Policy in terms of section 3(4)(m) of the National Education Policy Act 27 of 1996 are to develop programmes for the redress of previously disadvantaged languages. Question 17 The Court, in Antonie v Governing Body, Settlers High School and Others 2002 (4) SA 738 (C) decided that, when codes of conduct are drafted, they must provide for applications (from learners) for exemption from their provisions, at least on religious and cultural grounds. Question 18 Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. Question 19 In terms of the National Education Policy Act 27 of 1996, educator means any person who teaches, educates or trains other persons at an education institution or assists in rendering education services or education auxiliary or support services provided by or in an education department. Question 20 Independent schools have a free choice in the type of education they provide.
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