EDL3703 Assignment 2 (QUALITY ANSWERS) Semester 1 2024 (199819)

This document contains workings, explanations and solutions to the EDL3703 Assignment 2 (QUALITY ANSWERS) Semester 1 2024. For assistance call or us on 0.6.8..8.1.2..0.9.3.4........... Durban Boys’ High School is a multiracial public school in KwaZulu-Natal. The newly appointed principal of the school has recently been criticised in the media for his dictatorial style of running the school. In fact, his latest unilateral decision to change the language policy of the school from English to Afrikaans has evoked considerable protest action by members of the public and has resulted in the learners revolting. Hitesh is a Grade 9 learner at the school. His father is an alcoholic and persistently beats both him and his mother. Hitesh has received counselling from the school psychologist for exhibiting bullying behaviour and violent tendencies at school. In January 2021, after being beaten by his father earlier that morning, Hitesh arrives at school and, in a fit of rage, physically asaults a schoolmate named V. Instead of reporting the matter to the police and following the criminal process, the school principal convenes a meeting with the school governing body, which decides to (1) strike Hitesh 20 times with a whip, and (2) expel him from the school Hitesh’s parents are extremely unhappy with the decision of the school principal and they approach you for advice on this matter. Write a legal opinion in which you comprehensively discuss the following: 1. Disregarding the social and criminal implications of this scenario, it is clear that an expulsion would impact the learner's right to a basic education. With the aid of one relevant case, comment critically on the content of the right to a basic education (section 29(1)(a) of the Constitution of the Republic of South Africa, 1996) as a fundamental right entrenched in the Bill of Rights. 2. Assess the constitutionality of the school governing body's decision to strike Hitesh with a whip and to expel him from the school without due process.