(DETAILED ANSWERS)
Semester 1 2024 -
DISTINCTION
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DISTINCTION
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, 1. Please submit this assignment as a pdf document. 2. Reference the
reasons for your answers using the OSCOLA method of referencing. 3. The
assignment counts 40 marks. Indicate whether the following questions are
true or false AND provide a reason for your answer. Question 1 A code of
conduct can be defined as a statement of intent, specifying the basic
principles to be pursued in attaining specific goals. Question 2 Subsidiarity
should be used as a trade-off for effective government, because subsidiarity
and effectiveness conflict with each other in a co-operative government
system. Question 3 Unless authorised by the principal for legitimate
educational purposes, no person may bring a dangerous object or illegal drug
onto school premises or have such object or drug in his or her possession on
school premises or during any school activity. Question 4 Every Member of
the Executive Council (MEC) must by notice in the Government Gazette,
determine the ages of compulsory school attendance for learners with special
education needs. Question 5 In one of your prescribed readings, the author
states that further education is an open-ended concept that includes all forms
of education above basic education. Question 6 The Amended National
Norms and Standards for Schools Funding GN 394 in GG 40818 of 28 April
2017 constitutes provincial policy. Question 7 Bray remarks that the most
important legal source for determining the legal position of the school in a
public education system is legislation. Question 8 In The Western Cape
Minister of Education v The Governing Body of Mikro Primary School 2005
(10) BCLR 973 (SCA), the Court, relying on Directory Advertising Cost Cutters
v Minister for Posts, Telecommunications and Broadcasting 1996 (3) SA 800
(T), held that a school is not an organ of state because the legislature
intended it to be independent of state or government control in the
performance of its functions. Question 9 Out of funds appropriated for this
purpose by the provincial legislature, the Head of Department (HoD) must
establish a programme to (a) provide introductory training for newly elected
governing bodies to enable them to perform their functions; and (b) provide
continuing training to governing bodies to promote the effective performance
of their functions or to enable them to assume additional functions. Question
10 One of the authors of the prescribed literature for this module mentions
that when a school governing body suspends a learner, it must have the
necessary authority to do so and it must comply with relevant legislative and
customary law requirements.
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