EDL3703 Assignment 1
(COMPLETE
ANSWERS) Semester 1
2025 - DUE 17 March
2025
For assistance contact
Email:
, LEGAL OPINION: HOËRSKOOL ERASMUS VS. PROVINCIAL DEPARTMENT OF
EDUCATION
TO: The Chairperson of the Governing Body, Hoërskool Erasmus FROM: [Your Name],
Paralegal DATE: March 24, 2025 RE: Evaluation of the Governing Body’s Chances of Success
in a Legal Challenge Against the Provincial Department of Education Regarding the Admission
of 42 Black English-Speaking Learners in 2014.
1. Introduction
This legal opinion is prepared at your request to evaluate the prospects of success for the
Governing Body (hereafter referred to as “the GB”) of Hoërskool Erasmus (hereafter referred to
as “the School”) in its proposed legal challenge against the Provincial Department of Education
(hereafter referred to as “the Department”). The matter pertains to the Department’s directive in
2014, forcing the School to accept 42 black English-speaking learners, despite the GB’s
contention that the School is exclusively Afrikaans and lacked the necessary capacity. This
opinion will analyze the relevant legal framework, consider potential arguments for both parties,
and assess the likely outcome of a judicial review.
2. Factual Background
According to the information provided, the key facts are as follows:
Hoërskool Erasmus is an Afrikaans-medium school located east of Bloemfontein.
In 2014, the Department instructed the GB to accept 42 black English-speaking learners.
The GB believes the School is exclusively Afrikaans and lacked the capacity to
accommodate these learners.
The GB contends it was “bullied” into accepting the learners.
The GB held a meeting and has resolved to challenge the Department’s decision in court.
3. Legal Framework
The legal framework relevant to this matter includes:
The Constitution of the Republic of South Africa, 1996:
o Section 29(2): States that everyone has the right to receive education in the
official language or languages of their choice in public educational institutions
where that education is reasonably practicable.
o Section 29(3): Affirms the right to establish and maintain, at their own expense,
independent educational institutions that (a) do not discriminate on the basis of
race, (b) are registered with the state, and (c) maintain standards that are not
inferior to comparable public educational institutions. This section is more
relevant to independent schools, but its emphasis on non-discrimination is
pertinent.
o Section 6(2): Recognizes the previously disadvantaged status of indigenous
languages and mandates the state to take practical and positive measures to
(COMPLETE
ANSWERS) Semester 1
2025 - DUE 17 March
2025
For assistance contact
Email:
, LEGAL OPINION: HOËRSKOOL ERASMUS VS. PROVINCIAL DEPARTMENT OF
EDUCATION
TO: The Chairperson of the Governing Body, Hoërskool Erasmus FROM: [Your Name],
Paralegal DATE: March 24, 2025 RE: Evaluation of the Governing Body’s Chances of Success
in a Legal Challenge Against the Provincial Department of Education Regarding the Admission
of 42 Black English-Speaking Learners in 2014.
1. Introduction
This legal opinion is prepared at your request to evaluate the prospects of success for the
Governing Body (hereafter referred to as “the GB”) of Hoërskool Erasmus (hereafter referred to
as “the School”) in its proposed legal challenge against the Provincial Department of Education
(hereafter referred to as “the Department”). The matter pertains to the Department’s directive in
2014, forcing the School to accept 42 black English-speaking learners, despite the GB’s
contention that the School is exclusively Afrikaans and lacked the necessary capacity. This
opinion will analyze the relevant legal framework, consider potential arguments for both parties,
and assess the likely outcome of a judicial review.
2. Factual Background
According to the information provided, the key facts are as follows:
Hoërskool Erasmus is an Afrikaans-medium school located east of Bloemfontein.
In 2014, the Department instructed the GB to accept 42 black English-speaking learners.
The GB believes the School is exclusively Afrikaans and lacked the capacity to
accommodate these learners.
The GB contends it was “bullied” into accepting the learners.
The GB held a meeting and has resolved to challenge the Department’s decision in court.
3. Legal Framework
The legal framework relevant to this matter includes:
The Constitution of the Republic of South Africa, 1996:
o Section 29(2): States that everyone has the right to receive education in the
official language or languages of their choice in public educational institutions
where that education is reasonably practicable.
o Section 29(3): Affirms the right to establish and maintain, at their own expense,
independent educational institutions that (a) do not discriminate on the basis of
race, (b) are registered with the state, and (c) maintain standards that are not
inferior to comparable public educational institutions. This section is more
relevant to independent schools, but its emphasis on non-discrimination is
pertinent.
o Section 6(2): Recognizes the previously disadvantaged status of indigenous
languages and mandates the state to take practical and positive measures to
