EDL3703
Assignment 2 Semester 2 2023
Unique Number: 653246
Scenario:
Learner P (a Grade 6 learner) approaches Learner K (a Grade 4 learner) during the
compulsory lunch break at Embhuleni Primary School. Embhuleni Primary is a public
school in Mpumalanga. Learner P tells Learner K that if she does not give her her
iphone, she will “beat her up to a pulp”. Learner K refuses to give Learner P her iphone,
so Learner P starts to beat her up. The educators on duty break up the brawl and
Learner P is escorted to the principal’s office. Learner P has been a problematic
learner for the educators of Embhuleni Primary since Grade 3 and the principal is sick
and tired of her disruptive behaviour. He decides to teach her a lesson by telling her to
leave the school and to never come back because she does not deserve the right to a
basic education. He even goes as far as hiring security guards to prevent her from
entering the school premises. As a paralegal, Learner P and her parents approach you
for advice in this matter.
Question:
Write a legal opinion in which you comprehensively assess Learner P’s right to a basic
education and whether the actions of the school principal were administratively
and constitutionally correct.
Solution
Content of the right
The right to basic education imposes a duty on the state to provide such education in
order for the right to be enjoyed and fulfilled. It is an unqualified right requiring the
priority attention of the state, also in respect of budgetary allocations. The right
Assignment 2 Semester 2 2023
Unique Number: 653246
Scenario:
Learner P (a Grade 6 learner) approaches Learner K (a Grade 4 learner) during the
compulsory lunch break at Embhuleni Primary School. Embhuleni Primary is a public
school in Mpumalanga. Learner P tells Learner K that if she does not give her her
iphone, she will “beat her up to a pulp”. Learner K refuses to give Learner P her iphone,
so Learner P starts to beat her up. The educators on duty break up the brawl and
Learner P is escorted to the principal’s office. Learner P has been a problematic
learner for the educators of Embhuleni Primary since Grade 3 and the principal is sick
and tired of her disruptive behaviour. He decides to teach her a lesson by telling her to
leave the school and to never come back because she does not deserve the right to a
basic education. He even goes as far as hiring security guards to prevent her from
entering the school premises. As a paralegal, Learner P and her parents approach you
for advice in this matter.
Question:
Write a legal opinion in which you comprehensively assess Learner P’s right to a basic
education and whether the actions of the school principal were administratively
and constitutionally correct.
Solution
Content of the right
The right to basic education imposes a duty on the state to provide such education in
order for the right to be enjoyed and fulfilled. It is an unqualified right requiring the
priority attention of the state, also in respect of budgetary allocations. The right
