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Lcp4809 Portfolio Memo - May/June 2024 - Semester 1 - Unisa - Due Date :- 16 May 2024 (Detailed Answers With Footnotes And Bibliography - Distinction Guaranteed!)

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LCP4809 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 16 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) Question 1 Answer the following questions with specific reference to Bray’s article entitled: “The constitutional concept of co-operative government and its application in education” (2002) 65 THRHR 514-531 (a) What is the meaning of co-operative governance?(5) (b) Critically discuss the challenges facing education government in South Africa with regard to: (i) co-operative government; and (10) (ii) the role of the provinces (10) [25] Question 2 (a) What is the legal position of the public school and its relationship with its governing body? (10) (b) How, and to what extent has the case of The Western Cape Minister of Education v The Governing Body of Mikro Primary School 2005 10 BCLR 973 (SCA), influenced education law and school governance in South Africa. (15) [25] Question 3 With reference to ONE relevant case, comment critically on the content of the right to basic education (section 29(1)(a) of the Constitution of the Republic of South Africa, 1996) as a fundamental right entrenched in the Bill of Rights. [25] Question 4 Study the hypothetical scenario below and answer the question that follows. In order to combat increasing violence at Chatsworth High School, the governing body decides to install metal detectors at the school. Learner B, a notorious gangster in the Chatsworth area, arrives at school and proceeds through the metal detectors. An alarm goes off. Learner B is then escorted to the principal’s office to be searched. In accordance with the rules regarding search and seizure in the Schools Act 84 of 1996, the principal searches Learner B and his backpack and finds a gun. The principal reports the matter to the police, but also decides to teach 9 Learner B a lesson for bringing a dangerous weapon to school and subsequently beats him with a cane. He then expels the student with immediate effect. With the aid of relevant case law, discuss whether the decision taken by the principal to beat Learner B and expel him with immediate effect is constitutional or not. What remedies do his parents or guardians have with regard to the expulsion? [25] TOTAL: 100

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LCP4809
Education Law



PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: -
DUE DATE: - 16 MAY 2024
Includes detailed Footnotes and/or Bibliography.


PORTFOLIO PREVIEW
QUESTION 1
Answer the following questions with specific reference to Bray’s article
entitled: “The constitutional concept of co-operative government and its
application in education” (2002) 65 THRHR 514-531

(a) What is the meaning of co-operative governance?(5)

Questions continue…

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, Question 1



Answer the following questions with specific reference to Bray’s article
entitled: “The constitutional concept of co-operative government and
its application in education” (2002) 65 THRHR 514-531



(a) What is the meaning of co-operative governance?(5)



Co-operative Governance envisages co-operation, coordination and support
among the spheres of government to promote and maintain effective
government. It binds together the spheres of government and forces them to
work together in interrelated and interdependent relationships showing
mutual respect for each other’s distinctive character.



Section 40 of the constitution of the Republic of South Africa states that
Cooperative governance: in the republic, Government is constituted in the
National, Provincial and Local Spheres of Government which are distinctive,
interdependent and interrelated.



(b) Critically discuss the challenges facing education government in
South Africa with regard to:



(i) co-operative government; and (10)

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