LCP4809 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA (DETAILED MEMO - DISTINCTION GUARANTEED!)

LCP4809 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA (DETAILED MEMO - DISTINCTION GUARANTEED!) QUESTION 1 Discuss the constitutional requirements for just administrative action, and the basic elements of procedural fairness (found in common law and statute and protected by the 1996 Constitution) which the school must comply with when a learner is faced with disciplinary proceedings. Refer to relevant legislation and case law where applicable. (25) 6 QUESTION 2 Explain the content of the right to basic education (section 29(1) of the Constitution) and with reference to relevant case law discuss how the court has interpreted this fundamental right recently. (25) QUESTION 3 A Grade 10 learner is expelled from school by the school governing body for being pregnant. As an education law expert and with reference to the 1996 Constitution and relevant case law, advise the Grade 10 learner and her parents on whether the actions of the school governing body are legal or not. (25) QUESTION 4 Study the hypothetical scenario below and answer the question that follows. Lephalale High School is a multi-cultural public school in the Limpopo province. During the first school term of 2015 Nadia (a Muslim learner), supported by both her parents, approached the principal of the school for permission to wear a hijab (a traditional Muslim headscarf) as an expression of her religion. When no permission ensued, her religious convictions prompted her, during May 2015, to attend school wearing the hijab. The principal (Mrs Mismanage) was infuriated and informed Nadia’s parents that she was acting in conflict with the school’s code of conduct which did not accommodate the wearing of the hijab. Mrs Mismanage further stated that because the majority of learners of Lephalale High School are black, that the only type of traditional item that is accommodated for in the school’s code of conduct is the wearing of amulets (a bangle made of skins). After convening a disciplinary hearing (at which Nadia and her parents were present) and complying with all the rules of administrative justice, Nadia was subsequently suspended by the governing body. Nadia and her parents are extremely unhappy with the decision of the school governing body and approach you for advice in this matter. Write a legal opinion in which you comprehensively discuss: (1) the various fundamental rights which have been infringed; (2) at least two relevant cases; and (3) whether the wearing of the hijab and the provisions of the code of conduct of Lephalale High School are in alignment. © UNISA 2023 [25] Total: {100}