EDL3703 LATEST EXAM
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
EDL3703: SELF ASSESSMENTS
UNIT 1
OUTCOMES
1. Explain what law is and what education law is in particular
The characteristics of law is:
- The law is a body of norms and rules that governs private and public action and interaction;
- Society is bound to accept these norms and rules;
- The law must create order and certainty in society;
- The law must be obeyed by all society and when it is disobeyed, the state should restore the
balance.
The sources of law are found in a variety of documents such as the Constitution, legislation,
the common law, customary law, case law, international law and foreign law.
Education law deals with the law relating to education.
2. Highlight the general characteristics of the South African Constitution
- The Constitution is the supreme law of South Africa;
- The Constitution provides for a democratic system;
- The Bill of Rights (Section 2 of the Constitution) protects everyone’s fundamental rights;
- The principle of co-operative government is entrenched in Chapter 3 of the Constitution;
- The Constitution determines a public administration based on democratic values, norms and
principles.
3. Distinguish between law and rights in the education law context
Law is the body of rules and standards issued by a government, or to be applied by courts and
similar authorities to create order in society while right is that which complies with justice, law
or reason.
Rights – legal subjects have rights against one another in respect of the objects of the individual
rights. When a legal subject has a right, he will also have a duty to perform. Therefore, every
right has its corresponding duty.
Examples:
Law is legislation - South African Schools Act 84 of 1996
Rights – the sale of a car – it is the right of the seller to be paid and the purchaser has a duty to
pay the seller.
4. List the various sources of South African law
- The Constitution (including the Bill of Rights);
- Legislation
, lOMoARcPSD|31863004
- Case law
- Common law
- Customary law
- International law (conventions or treaties applicable to South Africa)
- Foreign law (US or other case law)
5. Describe how legislation in general and the Constitution are interpreted
Legislation are interpreted contextually, and the process involved is divided into 3 phases:
- Initial phase
- Research phase
- Concretisation phase
There are basic principles to interpret the Constitution, which are:
- The Constitution, as the most supreme law, must be give a purposive interpretation;
- During interpretation, the spirit and purport (significance) of the Constitution must be
promoted;
- No provision of the Constitution can be interpreted in isolation – it must be read in context
and as a whole;
- The language of the Constitution must be respected.
6. Explain how education law is enforced through judicial and administrative control
Judicial control
The control exercised by the Courts over the administration is called judicial control. Therefore,
the court has the power to keep the administrative acts within the limits of law. By implication,
an aggrieved citizen has a right to challenge the wrongful act of administration in the court of
law. The courts resolve legal disputes by applying the law to the relevant facts in question.
Judicial control is, therefore, an authoritative way of resolving legal disputes. Judicial control
follows administrative control.
Administrative control
Administrative control is the most common form of control and takes place within the public
education administration. Legislation usually makes provision for the different channels of
administrative control. Administrative control is the process of “checks and balances” to ensure
all internal policies and procedures were followed. Administrative law is a branch of public law,
which regulates the relationship between the government and ordinary people. Administrative
law regulates activities of officials or bodies (administrators) that exercise public powers and
perform public functions. Administrative control is internal, e.g. the SGB would investigate
whether a learner should be expelled for misconduct.
ACTIVITY A
Under which legal relationship would you classify the following? Give reasons for your choice.
a. the parent and child relationship
b. the relationship between an educator and a learner
c. the contractual relationship between an educator and the provincial Department of
Education
, lOMoARcPSD|31863004
a. private law relationship –horizontal relationship between private persons / regulation of
personal interests
b&c public law relationship – vertical relationship with public authority exercising authority over
the other person
ACTIVITY B
Explain what is meant by a contextual/purposive approach to the interpretation of statutes?
Contextual/purposive approach requires an objective purpose-orientated approach where all the
surrounding circumstances are considered. The interpreter searches for the purpose of the legislation
by analysing not only the text of the legislation, but also considers the legislative context as a whole
in an attempt to fulfil the spirit, purport and objects of the Constitution. Therefore, the Constitutional
context must filter through ordinary legislation to enable the interpreter to seek the purpose of the
relevant piece of legislation.
ACTIVITY C
Identify and discuss the three phases that form part of the process involved in interpreting
legislation.
The process involved when interpreting legislation can be divided into three phases:
- initial phase;
- research phase; and
- concretisation phase.
The initial phase covers the:
- impact of the Constitution & Bill of Rights;
- purpose of the legislation;
- initial meaning of the text of the legislation.
During the research phase, the purpose of the legislation is determined through research. This process
is referred to as contextualisation. The aids are categorised as:
- Intra-textual aids; and
- Extra-textual aids.
Phase 3 is the concretisation phase, during which the interpreter wants to answer a specific question
or decide on a specific case by applying the principles of interpretation. During this phase the purpose
of the legislation and the facts of the case are brought together to reach a conclusion.
ACTIVITY D
“The South African education system is one of the public systems that has undergone substantial
and dramatic change: it has been transformed into a single democratic education system in which
democratic governance and respect for human dignity, equality and diversity play a paramount
role”. Discuss this statement.
PACK 2025
QUESTIONS AND
ANSWERS
For assistance contact
Email:
, lOMoARcPSD|31863004
EDL3703: SELF ASSESSMENTS
UNIT 1
OUTCOMES
1. Explain what law is and what education law is in particular
The characteristics of law is:
- The law is a body of norms and rules that governs private and public action and interaction;
- Society is bound to accept these norms and rules;
- The law must create order and certainty in society;
- The law must be obeyed by all society and when it is disobeyed, the state should restore the
balance.
The sources of law are found in a variety of documents such as the Constitution, legislation,
the common law, customary law, case law, international law and foreign law.
Education law deals with the law relating to education.
2. Highlight the general characteristics of the South African Constitution
- The Constitution is the supreme law of South Africa;
- The Constitution provides for a democratic system;
- The Bill of Rights (Section 2 of the Constitution) protects everyone’s fundamental rights;
- The principle of co-operative government is entrenched in Chapter 3 of the Constitution;
- The Constitution determines a public administration based on democratic values, norms and
principles.
3. Distinguish between law and rights in the education law context
Law is the body of rules and standards issued by a government, or to be applied by courts and
similar authorities to create order in society while right is that which complies with justice, law
or reason.
Rights – legal subjects have rights against one another in respect of the objects of the individual
rights. When a legal subject has a right, he will also have a duty to perform. Therefore, every
right has its corresponding duty.
Examples:
Law is legislation - South African Schools Act 84 of 1996
Rights – the sale of a car – it is the right of the seller to be paid and the purchaser has a duty to
pay the seller.
4. List the various sources of South African law
- The Constitution (including the Bill of Rights);
- Legislation
, lOMoARcPSD|31863004
- Case law
- Common law
- Customary law
- International law (conventions or treaties applicable to South Africa)
- Foreign law (US or other case law)
5. Describe how legislation in general and the Constitution are interpreted
Legislation are interpreted contextually, and the process involved is divided into 3 phases:
- Initial phase
- Research phase
- Concretisation phase
There are basic principles to interpret the Constitution, which are:
- The Constitution, as the most supreme law, must be give a purposive interpretation;
- During interpretation, the spirit and purport (significance) of the Constitution must be
promoted;
- No provision of the Constitution can be interpreted in isolation – it must be read in context
and as a whole;
- The language of the Constitution must be respected.
6. Explain how education law is enforced through judicial and administrative control
Judicial control
The control exercised by the Courts over the administration is called judicial control. Therefore,
the court has the power to keep the administrative acts within the limits of law. By implication,
an aggrieved citizen has a right to challenge the wrongful act of administration in the court of
law. The courts resolve legal disputes by applying the law to the relevant facts in question.
Judicial control is, therefore, an authoritative way of resolving legal disputes. Judicial control
follows administrative control.
Administrative control
Administrative control is the most common form of control and takes place within the public
education administration. Legislation usually makes provision for the different channels of
administrative control. Administrative control is the process of “checks and balances” to ensure
all internal policies and procedures were followed. Administrative law is a branch of public law,
which regulates the relationship between the government and ordinary people. Administrative
law regulates activities of officials or bodies (administrators) that exercise public powers and
perform public functions. Administrative control is internal, e.g. the SGB would investigate
whether a learner should be expelled for misconduct.
ACTIVITY A
Under which legal relationship would you classify the following? Give reasons for your choice.
a. the parent and child relationship
b. the relationship between an educator and a learner
c. the contractual relationship between an educator and the provincial Department of
Education
, lOMoARcPSD|31863004
a. private law relationship –horizontal relationship between private persons / regulation of
personal interests
b&c public law relationship – vertical relationship with public authority exercising authority over
the other person
ACTIVITY B
Explain what is meant by a contextual/purposive approach to the interpretation of statutes?
Contextual/purposive approach requires an objective purpose-orientated approach where all the
surrounding circumstances are considered. The interpreter searches for the purpose of the legislation
by analysing not only the text of the legislation, but also considers the legislative context as a whole
in an attempt to fulfil the spirit, purport and objects of the Constitution. Therefore, the Constitutional
context must filter through ordinary legislation to enable the interpreter to seek the purpose of the
relevant piece of legislation.
ACTIVITY C
Identify and discuss the three phases that form part of the process involved in interpreting
legislation.
The process involved when interpreting legislation can be divided into three phases:
- initial phase;
- research phase; and
- concretisation phase.
The initial phase covers the:
- impact of the Constitution & Bill of Rights;
- purpose of the legislation;
- initial meaning of the text of the legislation.
During the research phase, the purpose of the legislation is determined through research. This process
is referred to as contextualisation. The aids are categorised as:
- Intra-textual aids; and
- Extra-textual aids.
Phase 3 is the concretisation phase, during which the interpreter wants to answer a specific question
or decide on a specific case by applying the principles of interpretation. During this phase the purpose
of the legislation and the facts of the case are brought together to reach a conclusion.
ACTIVITY D
“The South African education system is one of the public systems that has undergone substantial
and dramatic change: it has been transformed into a single democratic education system in which
democratic governance and respect for human dignity, equality and diversity play a paramount
role”. Discuss this statement.
