lOMoAR cPSD| 48047628
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
EDL3703
Education Law
100 Marks
Duration 4 Hours
First examiner: Ms M Ehrenbeck
Second examiner: Mr S Ndlazi
This paper consists of 9 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
, lOMoAR cPSD| 48047628
Question 1.
A rural school named Help-each-other is being established to provide quality education to all
learners in the school district. All national and provincial legislative requirements have been
put in place for the school to start. However, all the members of the newly elected school
governing board do not understand the board’s role and purpose. As an education law expert,
you are approached to guide the newly appointed board and explain the legal status of the
school, the difference between school management and governance, who serves on the
governing board, and what the governing body is required to do in terms of the South African
Schools Act 84 of
1996.
[30]
Question 2
Section 14 of the Constitution deals with the right to privacy. However, it is accepted that in
certain circumstances learners may be searched at school. Explain the provisions of the right
to privacy and the role that limitations may have on this right. Illustrate how privacy may be
limited, by showing how searches are to be conducted at schools, in terms of relevant
legislation.
[25]
Question 3
Explain the content of the right to basic education (section 29(1) of the Constitution) and, with
reference to the seminal case of Governing Body of the Juma Musjid Primary School and
Others v Essay NNO and Others (Centre for Child Law and SocioEconomic Rights Institute of
South Africa as Amici Curiae) [2011] ZACC 13; 2011 (8) BCLR 761 (CC), discuss how the
court interpreted this fundamental right.
, lOMoAR cPSD| 48047628
[20]
Question 4
(a) Name the five most important sources of South African law. (5)
(b) With reference to one relevant case, discuss the status of public schools as
“organs of state”. (10)
(c) Define and differentiate between the concepts of punishment and discipline.
(10)
[25]
{100}
©
UNISA 2024
, lOMoAR cPSD| 48047628
UNIVERSITY EXAMINATIONS
May/June 2024
EDL3703
Education Law
100 Marks
Duration 4 Hours
First examiner: Ms M Ehrenbeck
Second examiner: Mr S Ndlazi
This paper consists of 9 pages.
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
, lOMoAR cPSD| 48047628
Question 1.
A rural school named Help-each-other is being established to provide quality education to all
learners in the school district. All national and provincial legislative requirements have been
put in place for the school to start. However, all the members of the newly elected school
governing board do not understand the board’s role and purpose. As an education law expert,
you are approached to guide the newly appointed board and explain the legal status of the
school, the difference between school management and governance, who serves on the
governing board, and what the governing body is required to do in terms of the South African
Schools Act 84 of
1996.
[30]
Question 2
Section 14 of the Constitution deals with the right to privacy. However, it is accepted that in
certain circumstances learners may be searched at school. Explain the provisions of the right
to privacy and the role that limitations may have on this right. Illustrate how privacy may be
limited, by showing how searches are to be conducted at schools, in terms of relevant
legislation.
[25]
Question 3
Explain the content of the right to basic education (section 29(1) of the Constitution) and, with
reference to the seminal case of Governing Body of the Juma Musjid Primary School and
Others v Essay NNO and Others (Centre for Child Law and SocioEconomic Rights Institute of
South Africa as Amici Curiae) [2011] ZACC 13; 2011 (8) BCLR 761 (CC), discuss how the
court interpreted this fundamental right.
, lOMoAR cPSD| 48047628
[20]
Question 4
(a) Name the five most important sources of South African law. (5)
(b) With reference to one relevant case, discuss the status of public schools as
“organs of state”. (10)
(c) Define and differentiate between the concepts of punishment and discipline.
(10)
[25]
{100}
©
UNISA 2024
