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

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