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CMG3701 Assignment 4 (COMPLETE ANSWERS) 2025 - DUE 21 August 2025

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CMG3701 Assignment 4 (COMPLETE ANSWERS) 2025 - DUE 21 August 2025; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.. Question 1 (25 marks) 1.1 Explain the concept of loco parentis and identify the specific duties of care Progressive Pathways Academy and its staff assumed towards Thabo and Lerato during the school trip. (4 marks) 1.2 Given the principle of loco parentis, analyse how Mr Dlamini's decision to immediately send Thabo and Lerato home from Kruger National Park, especially at night, aligns with or deviates from the expected standard of care for a responsible parent or guardian. (4 marks) 1.3 Differentiate between the school's general duty of supervision and its specific duty of care under loco parentis in the context of the learners' safety during the excursion. Was Mr Dlamini's action fundamentally flawed in its application of this duty? (4 marks) 1.4 Describe the core requirement of the audi alteram partem rule and explain why it is a fundamental principle in disciplinary proceedings. (4 marks) 1.5 Illustrate how Mr Dlamini's immediate decision to send the learners home, without a formal hearing or full opportunity for their input (including Lerato's peer pressure claim), might be perceived as a violation of the audi alteram partem rule. (4 marks 1.6 Deconstruct the tension between the immediate need for safety measures during an ongoing excursion and the procedural demands of the audi alteram partem rule. Propose how these two competing interests could have been balanced effectively by the school. (5 marks) Question 2 (25 marks) 2.1 Define what constitutes a "conflict of learners" in a disciplinary context, using Thabo and Lerato's situation as an example. (3 marks) 2.2 Demonstrate how Progressive Pathways Academy should practically approach Lerato's confidential confession of peer pressure from Thabo, ensuring that Lerato’s perspective is heard without compromising her safety or rights. (6 marks) 2.3 What considerations should be made regarding their respective levels of culpability and the disciplinary action taken against each of them? (4 marks) 2.4 Distinguish between the terms ultra vires and intra vires in the context of institutional powers, as they relate to a school principal's authority. (4 marks) 2.5 Determine whether Mr Dlamini's immediate decision to send the learners home, without following explicit policy procedures for a formal hearing, would likely be categorised as ultra vires or intra vires based on typical school governance structures. (4 marks) 2.6 Examine the specific clauses within the PPA Excursion Policy and Code of Conduct that Mr Dlamini's actions might have bypassed, leading to an ultra vires finding. Contrast this with actions that would clearly be intra vires while still maintaining discipline. (4 marks) "Rainbow High School (RHS), a public school in Springs, Gauteng, South Africa, 2025”. Extract from CMG3701 Study guide Question 3 (25 marks) 3.1 Identify and briefly describe the core rights of a learner that Mr and Mrs Ncube alluded to under the South African Schools Act (SASA) and the Constitution that should guide the school's response to learner discipline. (6 marks) 3.2 Apply the principles of procedural fairness, as potentially informed by the BELA Act regarding disciplinary processes, to Mr Mkhize's immediate suspension of Sipho. Did he adhere to these principles? Justify your answer. (6 marks) 3.3 Analyse the legal complexities arising from Mr Mkhize's demand for payment for the broken window. How should the school, guided by SASA and principles of accountability, legitimately deal with the damage caused by Sipho? (8 marks) 3.4 Evaluate the effectiveness of Mr Mkhize's "zero-tolerance" approach in dealing with learner discipline and violence at Rainbow High School, considering both the legal frameworks (SASA/BELA) and the broader goal of fostering a positive school environment. (5 marks)

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CMG3701
Assignment 4 2025
Unique Number:

Due Date: 21 August 2025
QUESTION 1

1.1.

The term in loco parentis is a Latin phrase meaning “in the place of a parent.” In educational
settings, it refers to the legal and moral responsibility that teachers and school staff assume
over learners in their care, particularly when learners are away from their parents, such as
during excursions. When learners attend school-sponsored activities like the Kruger National
Park trip, the school assumes parental responsibility for ensuring their safety, well-being, and
discipline, as a reasonable parent would (Beckmann & Prinsloo, 2019).

In this case, Progressive Pathways Academy (PPA) and its staff took on full responsibility for
the learners, including Thabo and Lerato, during the trip. This included ensuring they were
safely accommodated, supervised, and protected from foreseeable harm. Specific duties
included enforcing curfews, monitoring their whereabouts, and responding appropriately to
any misconduct. As loco parentis caretakers, the school had a duty not only to discipline but
to do so in a way that safeguarded the learners' health and emotional security. Sending a
minor home alone at night, without appropriate arrangements or emotional consideration,
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implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
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QUESTION 1

1.1.

The term in loco parentis is a Latin phrase meaning “in the place of a parent.” In
educational settings, it refers to the legal and moral responsibility that teachers and
school staff assume over learners in their care, particularly when learners are away
from their parents, such as during excursions. When learners attend school-
sponsored activities like the Kruger National Park trip, the school assumes parental
responsibility for ensuring their safety, well-being, and discipline, as a reasonable
parent would (Beckmann & Prinsloo, 2019).

In this case, Progressive Pathways Academy (PPA) and its staff took on full
responsibility for the learners, including Thabo and Lerato, during the trip. This
included ensuring they were safely accommodated, supervised, and protected from
foreseeable harm. Specific duties included enforcing curfews, monitoring their
whereabouts, and responding appropriately to any misconduct. As loco parentis
caretakers, the school had a duty not only to discipline but to do so in a way that
safeguarded the learners' health and emotional security. Sending a minor home
alone at night, without appropriate arrangements or emotional consideration, could
be seen as falling short of this duty. The principle expects the school to act with the
same care as a cautious, attentive parent would under similar circumstances.



1.2.

Mr Dlamini’s decision to send Thabo and Lerato home immediately—especially at
night—raises concerns regarding his obligations under in loco parentis. A reasonable
parent would not send a child alone into a potentially unsafe travel situation in the
dark without proper arrangements and support. The concept of loco parentis requires
acting with prudence, caution, and a prioritisation of the child’s safety. Although
Thabo and Lerato violated the PPA Excursion Policy, an immediate expulsion
without considering the time of day, travel conditions, emotional impact, or
alternative discipline undermines the school's duty of care (Beckmann & Prinsloo,
2019).


Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.

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