LCP4809 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DISTINCTION GUARANTEED)

LCP4809 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DISTINCTION GUARANTEED) BOOST YOUR YEAR MARK BY GETTING 100% FOR YOUR ASSIGNMENT 1 (TRUE & FALSE). Assignment 1 The following statements are either True or False. Choose the correct answer and provide brief reasons for the answer. Each question is worth 2 marks for a total of 30 marks. Question 1 The school’s code of conduct may also provide for support measures or structures for counselling a learner involved in disciplinary proceedings. Question 2 In the Western Cape Minister of Education v The Governing Body of Mikro Primary School 2005 (10) BCLR 973 (SCA), the governing body refused to accede to a request by the Western Cape Education Department to change its code of conduct. Question 3 School governance envisages cooperation, coordination and support among the spheres of government (i.e. national, provincial and local) to promote and maintain effective government. Question 4 The Minister must, after consultation with the Council of Education Ministers and by notice in the Government Gazette, determine dates by which the election of members of governing bodies at all public schools in a province must be finalised in terms of the South African Schools Act 84 of 1996. Question 5 According to the South African Schools Act 84 of 1996 a Head of Department must register an independent school if he or she is satisfied that the standards to be maintained by such school will be inferior to the standards in comparable public schools. Question 6 In Head of Department, Mpumalanga Department of Education and Another v Hoerskool Ermelo and Another 2010 (2) SA 415 (CC), the central question in the matter was: when Parliament enacted a law prohibiting corporal punishment in schools, did it violate the rights of parents of children in independent schools who, in line with their religious convictions, had consented to its use? Question 7 In general, section 29 of the Constitution of the Republic of South Africa, 1996 guarantees a right to free education. Question 8 The audi alteram partem rule provides that anyone whose rights, freedoms or privileges are affected by the action of an administrator must be given an opportunity to be heard on the matter. Question 9 Christian Education SA v Minister of Education 2000 (4) SA 757 (CC), the Court state that “in addition to the right to basic education, section 3(1) of the South African Schools Act 84 of 1996 makes school attendance compulsory for learners from the age of seven to fifteen years or until the learner reaches the ninth grade, whichever occurs first” Question 10 According to section 8A of the South African Schools Act 84 of 1996 if the police cannot collect the dangerous object or illegal drug (that was confiscated) from the school immediately, the principal or his delegate may keep the dangerous object or illegal drug locked up in the school safe for a maximum of 48 hours. Question 11 According to literature, a position or stance developed in response to a problem or issue of conflict and directed towards a particular objective is referred to as proposal. Question 12 According to Joubert R and Bray E “Public school admission policy: theory and practice” Public school governance in South Africa (2007) 72 the HoD must determine a process of registration for admission to public schools to enable the admission of learners to take place in a timely and an efficient manner. Question 13 According to sections 20 and 21 of the South African Schools Act 84 of 1996, some of the functions of a governing body of a public school include to support the principal, educators and other staff of the school in the performance of their professional functions and to determine the extra-mural curriculum of the school and the choice of subject options in terms of national curriculum policy. Question 14 In Matukane and Others v Laerskool Potgietersrus 1996 (3) SA 223 (TPD), the Court conclude that “the clause in the respondent school’s constitution to the effect that it serves the white community and that a proposed pupil must be white, is contrary to sections 8 and 32 of the Interim Constitution and hence invalid” Question 15 The Constitution of the Republic of South Africa, 1996 compels organs of state to make every reasonable effort to use appropriate mechanisms and procedures to resolve their intergovernmental disputes and to exhaust all other remedies before they turn to the court to resolve the dispute.