EDL3703
Assignment 2 2023
Semester 2
The South African Constitution notably Section 29(1) (a), guarantees learner P’s right to
a basic education. In this part, it is stated that “everyone has the right to a basic
education, including adult basic education.” It is important for a person’s growth and
well-being to have access to education, which is seen as a fundamental human right.
The decision to expel learner P in this instance by the principal seems out of proportion
to her behavior. Expulsion should only be used as a last resort after trying other
, disciplinary measures since learner P’s behavior was inappropriate and needed to be
addressed. Before using expulsion as a last resort, the principle ought to have used
appropriate disciplinary measures such as counseling, warnings, or even suspension.
The Constitution's provision 28(2) states that a child's best interests must come first in
all decisions involving the kid.
Everyone has a right to a basic education, including an adult basic education, and to
higher education, which the state must gradually make available and accessible through
reasonable means, according to Section 29(1) of the Constitution.
Having the right to fair administrative proceedings is guaranteed by Section 33 of the
Constitution.
(1) Everyone has the right to administrative action that is legal, reasonable, and
procedurally fair.
(2) Every person has the right to receive a justification if their rights have been violated
by administrative action.
The Constitution's Section 36 provides that "the rights in the Bill of Rights may only be
limited in terms of general law to the extent that the limitation is reasonable and
justifiable in an open and democratic society founded on human dignity, equality, and
freedom,
According to Section 8(2) of the Constitution, "A provision of the Bill of Rights binds a
natural or a juristic person if, and to the extent that, it is applicable, taking into account
the nature of the right, and the nature of any duty imposed by the right." According to
section 15 of the South African Schools Act 84 of 1996, a public school is considered a
"juristic person" having the legal competence to carry out its prescribed duties and is as
a result subject to the Bill of Rights' protections. A juristic body cannot participate in the
law in the same way or to the same degree as a natural person. It must act through the
lawfully chosen representative, which is its governing body.
Thus, the principal cannot simply ask Learner P to leave the school; instead, he must
call a meeting of the governing body to suspend her, or the governing body must
recommend that Learner P be expelled to the Head of Department. The South African
Schools Act 84 of 1996's following sections is pertinent in this regard:
According to Section 9(1), the governing body may, on reasonable grounds and as a
preventative measure, suspend a student who is suspected of serious misconduct from
Assignment 2 2023
Semester 2
The South African Constitution notably Section 29(1) (a), guarantees learner P’s right to
a basic education. In this part, it is stated that “everyone has the right to a basic
education, including adult basic education.” It is important for a person’s growth and
well-being to have access to education, which is seen as a fundamental human right.
The decision to expel learner P in this instance by the principal seems out of proportion
to her behavior. Expulsion should only be used as a last resort after trying other
, disciplinary measures since learner P’s behavior was inappropriate and needed to be
addressed. Before using expulsion as a last resort, the principle ought to have used
appropriate disciplinary measures such as counseling, warnings, or even suspension.
The Constitution's provision 28(2) states that a child's best interests must come first in
all decisions involving the kid.
Everyone has a right to a basic education, including an adult basic education, and to
higher education, which the state must gradually make available and accessible through
reasonable means, according to Section 29(1) of the Constitution.
Having the right to fair administrative proceedings is guaranteed by Section 33 of the
Constitution.
(1) Everyone has the right to administrative action that is legal, reasonable, and
procedurally fair.
(2) Every person has the right to receive a justification if their rights have been violated
by administrative action.
The Constitution's Section 36 provides that "the rights in the Bill of Rights may only be
limited in terms of general law to the extent that the limitation is reasonable and
justifiable in an open and democratic society founded on human dignity, equality, and
freedom,
According to Section 8(2) of the Constitution, "A provision of the Bill of Rights binds a
natural or a juristic person if, and to the extent that, it is applicable, taking into account
the nature of the right, and the nature of any duty imposed by the right." According to
section 15 of the South African Schools Act 84 of 1996, a public school is considered a
"juristic person" having the legal competence to carry out its prescribed duties and is as
a result subject to the Bill of Rights' protections. A juristic body cannot participate in the
law in the same way or to the same degree as a natural person. It must act through the
lawfully chosen representative, which is its governing body.
Thus, the principal cannot simply ask Learner P to leave the school; instead, he must
call a meeting of the governing body to suspend her, or the governing body must
recommend that Learner P be expelled to the Head of Department. The South African
Schools Act 84 of 1996's following sections is pertinent in this regard:
According to Section 9(1), the governing body may, on reasonable grounds and as a
preventative measure, suspend a student who is suspected of serious misconduct from
