MNG3701 ASSIGNMENT NO: 1
SEMESTER 1 2025 EXPECTED
QUESTION AND ANSWERS
,Topic 1: Code of conduct for learners.
Introduction
Code of conduct is all about the rules in respect of learner behavior at the school and it explains
the disciplinary ways to be implemented by the school in case the learner has misbehaved. The
code of conduct is administered by the school disciplinary committee. Code of conduct for
learners gives a clear guidance on the standards of behavior all school learners are expected to
follow. The purpose of code of conduct for learners is to give learners right to be taught in a
secure and orderly environment in which the principle of care, courtesy and respect for rights of
others are valued. It also promotes positive discipline, self-discipline and exemplary conduct.
The code of conduct for learners must be developed by the school governing body in
consultation with parents, learners, educators and non-educators at school.
a) Copy of our school code of conduct for leaners (see the attachment)
b) According to the South African school Act no 84 of 1996 section 20(d), the school governing
body of a public school must adopt a code of conduct for learners at the school which will serve
as a guideline on how learners must behave at a school.
According to the South African school Act section 7 no 48 of 1999, a learner at a public school
may be expelled only by the Head of Department, if found guilty of serious misconduct after a
fair hearing. This simply means that if a learner is found guilty of serious misconduct of course
after a fair hearing, it is only the Head of the Department that can expel the learner. The School
governing body can only suspend and recommend to the Head of Department.
In loco parentis
,In loco parentis means in the place of parent. Educators are acting in place of parents. It is the
legal responsibility of a person to take on some of the functions and responsibility of a parent.
The educator is obliged to take care of the physical and mental safety of the pupil and has the
right to maintain discipline. In this regard parents have delegated parental authority to educators.
The delegated authority must promote the welfare and aims of the relevant institution. This
means that in all the schools, educators are in place of parents.
Ultra vires
Ultra vires means beyond the legal authority, which means that a person acted beyond his or her
granted power. When the school governing body expels a learner from school, we say they have
acted beyond their powers because it is not their duty to expel; it is only the Head of Department
that can expel learners.
`Audi alteram partem`
`Audi alteram partem means that the other side must be heard. This means that if a learner is
accused or suspected of misbehavior, the following must be adhered to:
Be informed of and understand the charges of which written notice should be given at
least five days before the time ,also indicate the time, date and place of the hearing.
Receive such particular charges as he or she may be entitled to according to law, if he or
she requests.
Be given the opportunity to be heard and tell his or her side of the story and to present
relevant facts.
Not be prohibited from been represented by the legal counsel in which the case written
explanation of the charges must be given, or in less serious cases the learner may be
represented by a member of the LRC,parent ,guardian or the educator.
Be heard by an impartial people.
Be treated with dignity during the hearing process.
Evaluation of our school code of conduct and explanation of whether it adheres to
guidelines for the consideration of governing body in adopting a code of conduct.
, Our school code of conduct for learners was adopted by School Governing Body (SGB) as stated
in section 8 of the South African School Act that a governing body of a public school must adopt
a code of conduct for learners.
In our school code of conduct for learners preamble, we have stated that we the school
management, staff members, parents and SGB of Ramaite primary school realizing that the
standard of discipline in our school is much of desire, we therefore condemn any ill discipline
and behavior through putting our children before everything. The above statement clearly show
that all stakeholders took part in the drawing of our code of conduct as stated in the guidelines.
Our school code of conduct No.5 talks about responsibility of learners and No.6 addresses
responsibility of educators as it is stated in the guidelines that the code of conduct must clarify
roles and responsibilities of various stakeholders.
Our school code of conduct covers all the items mentioned in the guidelines for example:
School environment
Rights and responsibilities of learners
Principles and values
School attendance
Safety
Dress code and appearance
Disciplinary procedures
Due processes in case of disciplinary hearing.
d) Why does the minister of education consult with Council of Education Ministers?
It is very much important for the minister to consult with all stakeholders concerned in every
decision so that they can take a collective decision in which all participated in.
e) What is limitation of rights?
These are restrictions that are necessary to balance competing or conflicting rights, or harmonize
rights with other public objectives. A freedom can be limited in order to curb any infringement
of the rights of others.
SEMESTER 1 2025 EXPECTED
QUESTION AND ANSWERS
,Topic 1: Code of conduct for learners.
Introduction
Code of conduct is all about the rules in respect of learner behavior at the school and it explains
the disciplinary ways to be implemented by the school in case the learner has misbehaved. The
code of conduct is administered by the school disciplinary committee. Code of conduct for
learners gives a clear guidance on the standards of behavior all school learners are expected to
follow. The purpose of code of conduct for learners is to give learners right to be taught in a
secure and orderly environment in which the principle of care, courtesy and respect for rights of
others are valued. It also promotes positive discipline, self-discipline and exemplary conduct.
The code of conduct for learners must be developed by the school governing body in
consultation with parents, learners, educators and non-educators at school.
a) Copy of our school code of conduct for leaners (see the attachment)
b) According to the South African school Act no 84 of 1996 section 20(d), the school governing
body of a public school must adopt a code of conduct for learners at the school which will serve
as a guideline on how learners must behave at a school.
According to the South African school Act section 7 no 48 of 1999, a learner at a public school
may be expelled only by the Head of Department, if found guilty of serious misconduct after a
fair hearing. This simply means that if a learner is found guilty of serious misconduct of course
after a fair hearing, it is only the Head of the Department that can expel the learner. The School
governing body can only suspend and recommend to the Head of Department.
In loco parentis
,In loco parentis means in the place of parent. Educators are acting in place of parents. It is the
legal responsibility of a person to take on some of the functions and responsibility of a parent.
The educator is obliged to take care of the physical and mental safety of the pupil and has the
right to maintain discipline. In this regard parents have delegated parental authority to educators.
The delegated authority must promote the welfare and aims of the relevant institution. This
means that in all the schools, educators are in place of parents.
Ultra vires
Ultra vires means beyond the legal authority, which means that a person acted beyond his or her
granted power. When the school governing body expels a learner from school, we say they have
acted beyond their powers because it is not their duty to expel; it is only the Head of Department
that can expel learners.
`Audi alteram partem`
`Audi alteram partem means that the other side must be heard. This means that if a learner is
accused or suspected of misbehavior, the following must be adhered to:
Be informed of and understand the charges of which written notice should be given at
least five days before the time ,also indicate the time, date and place of the hearing.
Receive such particular charges as he or she may be entitled to according to law, if he or
she requests.
Be given the opportunity to be heard and tell his or her side of the story and to present
relevant facts.
Not be prohibited from been represented by the legal counsel in which the case written
explanation of the charges must be given, or in less serious cases the learner may be
represented by a member of the LRC,parent ,guardian or the educator.
Be heard by an impartial people.
Be treated with dignity during the hearing process.
Evaluation of our school code of conduct and explanation of whether it adheres to
guidelines for the consideration of governing body in adopting a code of conduct.
, Our school code of conduct for learners was adopted by School Governing Body (SGB) as stated
in section 8 of the South African School Act that a governing body of a public school must adopt
a code of conduct for learners.
In our school code of conduct for learners preamble, we have stated that we the school
management, staff members, parents and SGB of Ramaite primary school realizing that the
standard of discipline in our school is much of desire, we therefore condemn any ill discipline
and behavior through putting our children before everything. The above statement clearly show
that all stakeholders took part in the drawing of our code of conduct as stated in the guidelines.
Our school code of conduct No.5 talks about responsibility of learners and No.6 addresses
responsibility of educators as it is stated in the guidelines that the code of conduct must clarify
roles and responsibilities of various stakeholders.
Our school code of conduct covers all the items mentioned in the guidelines for example:
School environment
Rights and responsibilities of learners
Principles and values
School attendance
Safety
Dress code and appearance
Disciplinary procedures
Due processes in case of disciplinary hearing.
d) Why does the minister of education consult with Council of Education Ministers?
It is very much important for the minister to consult with all stakeholders concerned in every
decision so that they can take a collective decision in which all participated in.
e) What is limitation of rights?
These are restrictions that are necessary to balance competing or conflicting rights, or harmonize
rights with other public objectives. A freedom can be limited in order to curb any infringement
of the rights of others.
