EDL3703
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 17 MARCH 2025
, EDL3703
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 17 March 2025
Education Law
Legal Opinion on Hoërskool Erasmus v Provincial Department of Education
1. Introduction
This legal opinion evaluates the legal standing and potential success of Hoërskool
Erasmus in its challenge against the provincial department of education regarding the
forced admission of 42 black English-speaking learners. The governing body claims that
as an exclusively Afrikaans school, it was unfairly pressured into accommodating these
learners despite lacking the necessary capacity to do so.
The primary issues to be addressed include:
The extent of the school governing body’s (SGB) authority over language policy.
Whether the department’s actions violate any constitutional or legislative rights.
The balance between the right to education and the school’s autonomy.
Relevant case law and legal precedents that may impact the case.
Based on the constitutional framework, legislative mandates, and judicial precedent, this
opinion will assess the likelihood of success in court and propose alternative courses of
action.
2. The Legal Framework Governing Education and Language Policy
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 17 MARCH 2025
, EDL3703
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 17 March 2025
Education Law
Legal Opinion on Hoërskool Erasmus v Provincial Department of Education
1. Introduction
This legal opinion evaluates the legal standing and potential success of Hoërskool
Erasmus in its challenge against the provincial department of education regarding the
forced admission of 42 black English-speaking learners. The governing body claims that
as an exclusively Afrikaans school, it was unfairly pressured into accommodating these
learners despite lacking the necessary capacity to do so.
The primary issues to be addressed include:
The extent of the school governing body’s (SGB) authority over language policy.
Whether the department’s actions violate any constitutional or legislative rights.
The balance between the right to education and the school’s autonomy.
Relevant case law and legal precedents that may impact the case.
Based on the constitutional framework, legislative mandates, and judicial precedent, this
opinion will assess the likelihood of success in court and propose alternative courses of
action.
2. The Legal Framework Governing Education and Language Policy
