UNIVERSITY OF SOUTH AFRICA (UNISA)
College of Education
⋄
Legal Opinion: The Right to Basic
Education and School Disciplinary
Action
Assignment 01 — Semester 2, 2026
⋄
Module Code: EDL3703
Module Name: Education Law
Assignment No.: Assignment 01
Due Date: August 2026
Semester: Semester 2, 2026
Submitted in partial fulfilment of the requirements for EDL3703
at the University of South Africa.
, UNISA | EDL3703 Legal Opinion: Basic Education & School Discipline
Scenario
Durban Boys’ High School is a multiracial public school in KwaZulu-Natal. The newly appointed
principal of the school has recently been criticised in the media for his dictatorial style of run-
ning the school. In fact, his latest unilateral decision to change the language policy of the
school from English to Afrikaans has evoked considerable protest action by members of the
public and has resulted in the learners revolting. Hitesh is a Grade 9 learner at the school. His
father is an alcoholic and persistently beats both him and his mother. Hitesh has received coun-
selling from the school psychologist for exhibiting bullying behaviour and violent tendencies
at school. In January 2021, after being beaten by his father earlier that morning, Hitesh arrives
at school and, in a fit of rage, physically assaults a schoolmate named V. Instead of reporting
the matter to the police and following the criminal process, the school principal convenes a
meeting with the school governing body, which decides to (1) strike Hitesh 20 times with a whip,
and (2) expel him from the school. Hitesh’s parents are extremely unhappy with the decision of
the school principal and they approach you for advice on this matter.
Write a legal opinion in which you comprehensively discuss the following:
1. Disregarding the social and criminal implications of this scenario, it is clear that an expul-
sion would impact the learner’s right to a basic education. With the aid of one relevant case,
comment critically on the content of the right to a basic education (section 29(1)(a) of the Con-
stitution of the Republic of South Africa, 1996) as a fundamental right entrenched in the Bill of
Rights.
2. Assess the constitutionality of the school governing body’s decision to strike Hitesh with a
whip and to expel him from the school without due process.
Page 1 of 11
College of Education
⋄
Legal Opinion: The Right to Basic
Education and School Disciplinary
Action
Assignment 01 — Semester 2, 2026
⋄
Module Code: EDL3703
Module Name: Education Law
Assignment No.: Assignment 01
Due Date: August 2026
Semester: Semester 2, 2026
Submitted in partial fulfilment of the requirements for EDL3703
at the University of South Africa.
, UNISA | EDL3703 Legal Opinion: Basic Education & School Discipline
Scenario
Durban Boys’ High School is a multiracial public school in KwaZulu-Natal. The newly appointed
principal of the school has recently been criticised in the media for his dictatorial style of run-
ning the school. In fact, his latest unilateral decision to change the language policy of the
school from English to Afrikaans has evoked considerable protest action by members of the
public and has resulted in the learners revolting. Hitesh is a Grade 9 learner at the school. His
father is an alcoholic and persistently beats both him and his mother. Hitesh has received coun-
selling from the school psychologist for exhibiting bullying behaviour and violent tendencies
at school. In January 2021, after being beaten by his father earlier that morning, Hitesh arrives
at school and, in a fit of rage, physically assaults a schoolmate named V. Instead of reporting
the matter to the police and following the criminal process, the school principal convenes a
meeting with the school governing body, which decides to (1) strike Hitesh 20 times with a whip,
and (2) expel him from the school. Hitesh’s parents are extremely unhappy with the decision of
the school principal and they approach you for advice on this matter.
Write a legal opinion in which you comprehensively discuss the following:
1. Disregarding the social and criminal implications of this scenario, it is clear that an expul-
sion would impact the learner’s right to a basic education. With the aid of one relevant case,
comment critically on the content of the right to a basic education (section 29(1)(a) of the Con-
stitution of the Republic of South Africa, 1996) as a fundamental right entrenched in the Bill of
Rights.
2. Assess the constitutionality of the school governing body’s decision to strike Hitesh with a
whip and to expel him from the school without due process.
Page 1 of 11
