CMG3701 Assignment 4 (DETAILED ANSWERS) 2025 - DISTINCTION GUARANTEED

CMG3701 Assignment 4 (DETAILED ANSWERS) 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , Question 1 (25 marks) 1.1 Explain the concept of loco parentis and identify the specific duties of care Progressive Pathways Academy and its staff assumed towards Thabo and Lerato during the school trip. (4 marks) 1.2 Given the principle of loco parentis, analyse how Mr Dlamini's decision to immediately send Thabo and Lerato home from Kruger National Park, especially at night, aligns with or deviates from the expected standard of care for a responsible parent or guardian. (4 marks) 1.3 Differentiate between the school's general duty of supervision and its specific duty of care under loco parentis in the context of the learners' safety during the excursion. Was Mr Dlamini's action fundamentally flawed in its application of this duty? (4 marks) 1.4 Describe the core requirement of the audi alteram partem rule and explain why it is a fundamental principle in disciplinary proceedings. (4 marks) 1.5 Illustrate how Mr Dlamini's immediate decision to send the learners home, without a formal hearing or full opportunity for their input (including Lerato's peer pressure claim), might be perceived as a violation of the audi alteram partem rule. (4 marks 1.6 Deconstruct the tension between the immediate need for safety measures during an ongoing excursion and the procedural demands of the audi alteram partem rule. Propose how these two competing interests could have been balanced effectively by the school. (5 marks) Question 2 (25 marks) 2.1 Define what constitutes a "conflict of learners" in a disciplinary context, using Thabo and Lerato's situation as an example. (3 marks) 2.2 Demonstrate how Progressive Pathways Academy should practically approach Lerato's confidential confession of peer pressure from Thabo, ensuring that Lerato’s perspective is heard without compromising her safety or rights. (6 marks) 2.3 What considerations should be made regarding their respective levels of culpability and the disciplinary action taken against each of them? (4 marks) 2.4 Distinguish between the terms ultra vires and intra vires in the context of institutional powers, as they relate to a school principal's authority. (4 marks) 2.5 Determine whether Mr Dlamini's immediate decision to send the learners home, without following explicit policy procedures for a formal hearing, would likely be categorised as ultra vires or intra vires based on typical school governance structures. (4 marks) 2.6 Examine the specific clauses within the PPA Excursion Policy and Code of Conduct that Mr Dlamini's actions might have bypassed, leading to an ultra vires finding. Contrast this with actions that would clearly be intra vires while still maintaining discipline. (4 marks) "Rainbow High School (RHS), a public school in Springs, Gauteng, South Africa, 2025”. Extract from CMG3701 Study guide Question 3 (25 marks) 3.1 Identify and briefly describe the core rights of a learner that Mr and Mrs Ncube alluded to under the South African Schools Act (SASA) and the Constitution that should guide the school's response to learner discipline. (6 marks) 3.2 Apply the principles of procedural fairness, as potentially informed by the BELA Act regarding disciplinary processes, to Mr Mkhize's immediate suspension of Sipho. Did he adhere to these principles? Justify your answer. (6 marks) 4.1 Define what constitutes "violence in schools" in the context of the scenario, and explain why Sipho's act, despite his stated intent, falls under this definition. (3 marks) 4.2 Based on the scenario, identify two potential underlying factors contributing to Sipho's disruptive and aggressive behaviour. Suggest a specific, immediate intervention the school could have considered, besides suspension, for Sipho following the incident. (4 marks) 4.3 Analyse the limitations of using only punitive measures (like suspension) to handle persistent disruptive behaviour and violence in schools. What broader, more comprehensive strategies should Rainbow High School consider? (4 marks) 4.4 Evaluate the potential long-term impact of Mr Mkhize's approach on Sipho's educational trajectory and overall well-being, contrasting it with an approach that integrates support and restorative practices. (4 marks) 4.5 Briefly explain the primary purpose of the Department of Basic Education's (DBE) progression policy in South African schools. (3 marks) 4.6 In light of the progression policy, what specific criteria or considerations would Mr Mkhize need to justify his intention to retain Sipho again, beyond merely citing his academic performance and the recent disciplinary incident? (3 marks) 4.7 Analyse the tension between the school's desire to maintain academic standards and discipline, and the implications of the progression policy for learners like Sipho. How does Sipho's age factor into this tension? (4 marks)