CMG3701 Assignment 4 2025 (Answer Guide) - Due 21 August 2025

CMG3701 Assignment 4 2025 (Answer Guide) - Due 21 August 2025 Contents Question 1 2 1.1 Concept of loco parentis and Specific Duties of Care 2 1.2 Analysis of Mr Dlamini’s Decision in Light of Loco Parentis 2 1.3 General Duty of Supervision vs Specific Duty under Loco Parentis 2 1.4 Audi Alteram Partem Rule and Its Significance 3 1.5 Violation of the Audi Alteram Partem Rule by Mr Dlamini 3 1.6 Balancing Safety and Procedural Fairness 4 Question 2 4 2.1 Definition of “Conflict of Learners” in a Disciplinary Context 4 2.2 Handling Lerato’s Confession of Peer Pressure: A Practical Approach 5 2.3 Culpability Considerations and Disciplinary Outcomes 5 2.4 Ultra Vires vs Intra Vires in Context of School Leadership 6 2.5 Was Mr Dlamini’s Action Ultra Vires or Intra Vires? 6 2.6 Clauses Likely Bypassed and Proper Intra Vires Actions 7 Question 3 8 3.1 Core Rights of Learners Referenced by Mr and Mrs Ncube 8 3.2 Application of Procedural Fairness under BELA Principles 8 3.3 Legal Complexities of Demanding Payment for the Broken Window 9 3.4 Evaluation of the “Zero-Tolerance” Approach 10 Question 4 10 4.1 Definition of “Violence in Schools” and Application to Sipho’s Case 10 4.2 Underlying Factors and Immediate Alternative Intervention 11 4.3 Limitations of Punitive Measures and Broader Strategies 11 4.4 Long-Term Impact of Mr Mkhize’s Approach vs Supportive Discipline 12 4.5 Purpose of the Department of Basic Education’s Progression Policy 13 4.6 Justifying Retention under the Progression Policy 13 4.7 Tension Between Academic Standards and the Progression Policy 13 References 14