FUR2601 Assignment 1 ANSWERS 2026 - Due 27 March 2026

FUR2601 Assignment 1 Semester 1 2026 - Due 27 March 2026 QUESTION 1 [10] The Gauteng Department of Health has decided to reduce the treatment given to Aids patients who are non-citizens due to a shortage of funds and the Department’s inability to meet the demands placed on it. Is this decision constitutional? Substantiate your answer with reference to case law. QUESTION 2 [10] Ms Dlamini resides directly adjacent to Pretoria Technical High School for Boys, a prestigious public school. When Ms Dlamini applied for Grade 8 admission, the School Governing Body (SGB) rejected her application because she was female, and it was the school’s policy, in terms of Section 12(6) of the South African Schools Act 84 of 1996, to admit only male learners. During an appeal, the principal raised the following points: 1. Pretoria Technical is historically a boys' school, and its infrastructure, like locker rooms and sports facilities, are exclusively designed for male leaners. 2. The curriculum and extracurriculars are designed for male learners. 3. There is a mixed school, Pretoria High School, located 10 km away which has space available. Ms Dlamini argues that Pretoria High School does not offer Woodworking and Electronics, both of which are offered at Pretoria Technical High School for Boys. Furthermore, the commute to Pretoria High School would impose a significant financial burden on her family. Ms Dlamini believes she is being unfairly discriminated. Assuming that it is accepted that section 12(6) of the South African Schools Act 84 of 1996, amounts to unfair discrimination because it allows for single sex public schools; advice the school on whether the infringement is reasonably justifiable. [TOTAL: 20]