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FUR2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 27 March 2026

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FUR2601 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 27 March 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ensure your success with us. The Gauteng Department of Health has decided to reduce the treatment given to Aids patients who are non-citizens due to a shortage of funds and the Department’s inability to meet the demands placed on it. Is this decision constitutional? Substantiate your answer with reference to case law. Ms Dlamini resides directly adjacent to Pretoria Technical High School for Boys, a prestigious public school. When Ms Dlamini applied for Grade 8 admission, the School Governing Body (SGB) rejected her application because she was female, and it was the school’s policy, in terms of Section 12(6) of the South African Schools Act 84 of 1996, to admit only male learners. During an appeal, the principal raised the following points: 1. Pretoria Technical is historically a boys' school, and its infrastructure, like locker rooms and sports facilities, are exclusively designed for male leaners. 2. The curriculum and extracurriculars are designed for male learners. 3. There is a mixed school, Pretoria High School, located 10 km away which has space available. Ms Dlamini argues that Pretoria High School does not offer Woodworking and Electronics, both of which are offered at Pretoria Technical High School for Boys. Furthermore, the commute to Pretoria High School would impose a significant financial burden on her family. Ms Dlamini believes she is being unfairly discriminated. Assuming that it is accepted that section 12(6) of the South African Schools Act 84 of 1996, amounts to unfair discrimination because it allows for single sex public schools; advice the school on whether the infringement is reasonably justifiable.

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FUR2601
Assignment 1 Semester 1 2026
Unique number:
Due Date: 27 March 2026

QUESTION 1

The Constitution protects the right of access to health care services. Section 27 provides
that everyone has the right to have access to health care services. 1 The word everyone is
important because it includes citizens and non citizens who are living in South Africa.

In Khosa v Minister of Social Development the Constitutional Court held that permanent
residents could not be excluded from social grants simply because they were not citizens.1
The Court explained that socio economic rights in the Constitution are not limited to citizens
unless the text clearly says so. Although that case dealt with social assistance, the
reasoning applies to health care because the right is also granted to everyone.




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