EDLHODM/202/1/2020

Tutorial Letter 202/1/2020

The Educator as Leader, Manager and Administrator

EDLHODM

Semester 1

DEPARTMENT OF EDUCATIONAL LEADERSHIP AND MANAGEMENT

IMPORTANT INFORMATION:
This tutorial letter contains important information about
your module.

CONTENTS

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1 SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW .................. 3

2 FEEDBACK ON ASSIGNMENT 01, QUESTION 2 & 3.... ............................................ 3
3 EXAMINATION GUIDELINES FOR SECTION B: INTRODUCTION TO SOUTH AFRICAN
EDUCATION
LAW……………………………………………………………………………………………...5

4 A FINAL WORD …. .................................................................................................... ….8

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1 SECTION B: INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW

Dear Student

The prescribed book, study guide and tutorial letters are the only compulsory study
material for this section of the module. Please note: You do not need to buy any of the
material on legislation, which is referred to in this section.
The purpose of this tutorial letter is to provide feedback on question 2 of Assignment
01 for Section B: Introduction to South African education law, and to inform you of
the format of the examination paper for this section.

2 FEEDBACK ON ASSIGNMENT 01, QUESTION 2

Question 2: Introduction to South African education law

Study the following scenario and then answer the question that follows:

Mr Thema is teaching a particularly difficult grade 5 class at Picksburg Primary School.

Mary, a learner in his class, is really annoying him with her incessant talking. After several
warnings and interruptions, Mr Thema grabs Mary by the arm, pulls her out of her chair and
slaps her several times on the leg with his hand. Mr Thema then shoves Mary towards the
door and tells her to stand outside until he has finished the lesson. After the lesson Mr
Thema takes Mary to the principal’s office. The principal was very crossed because it was
not Mary’s first offence. The principal suspended Mary and sent her home immediately.

QUESTION 2

2.1 Discuss the legality of Mr Thema’s action in the scenario. In your discussion,
refer to the human rights that were infringed according to the provisions of the South
African Schools Act and case law. (10)

Human rights that were infringed according to South African Schools Act:

• Just administrative action (Section 33) √

• Education (Section 29) √
• Access to information (Section 32) √
• Human dignity (Section 10) √

Case law

•In the case of State v Williams and Others 1995 (3) SA 632,√ the Constitutional Court
declared juvenile whipping unconstitutional, and it was mentioned that judicial corporal
punishment is in reality no worse than cuts imposed at school.√

•In Christian Education SA v Minister of Education of the Government of the RSA 2000 (10)
BCLR 1051(CC), √ the Constitutional Court delivered a final judgement on corporal
punishment in schools. √
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•The court declared corporal punishment unconstitutional because it constitutes a violation

of Sections 10, √ 12(1)(c), (d) and (e) of the Constitution. √

2.2 Would you agree that Mr Thema treated Mary in an inhuman, unreasonable and
degrading manner? When will punishment be regarded as unreasonable, cruel and
degrading? (5)

Punishment will be regarded as an infringement of the learner’s right to freedom and

security of the person, and thus unreasonable, cruel and degrading, if
• It is excessive and negligently administered √
• It results in physical or psychological injury √
• It is not in proportion to the offence √
• There is not sufficient cause for punishment √
• It does not suit the age of the learner. √

2.3 By whom and when may a learner be suspended from school? In your answer
refer to the South African Schools Act. (3)

 A learner may be suspended by the SGB √

 For a period not more than 7 days √
 After a fair hearing √

2.4 Would you say the principal acted ultra vires or intra vires? Define both these
terms. (2)

 Ultra vires: acting beyond power/authority √

 Intra vires: acting within the given authority/power √

QUESTION 3

Mention at least five factors that an educator must consider before conducting a
search in a school. (5)

• The best interest of the learners to be searched √

• The best inters of other learners at school the school √
• The safety and health of the learners to be searched √
• The safety and health of the other learners at the school √
• Reasonable evidence of illegal activity √
• All relevant evidence received √
(Any five)

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3 EXAMINATION GUIDELINES FOR SECTION B: INTRODUCTION TO

SOUTH AFRICAN EDUCATION LAW

NB: Demarcation or scoping of work for examination purposes

NOTE: A College decision has been made that lecturers are not allowed to
demarcate or “scope” specific work for examination purposes, but that
examination questions should be based on all the work covering the notional
hours of the module. Lecturers should encourage students to learn everything.
Where other competencies or skills are assessed differently during the tuition
period, the lecturers will clearly spell out the various assessments in Tutorial Letter
201 and 202. According to the Assessment procedure manual 2013, paragraph
4.5.2(e), examination memoranda (guidelines, rubrics and so on) shall not be
made available to students.
The examination paper for 2020 consists of two sections:

 Section A contains questions on “Introduction to classroom management”.

 Section B contains questions on “Introduction to South African education law”,
which is also section B (chapters 11–16) in the prescribed book.

You should start preparing for the examination in good time. Draw up a revision
schedule that will give you sufficient time to revise all the work.

3.1 Format of the examination paper

The module was initially scheduled for a venue-based examination. Due to the COVID-19
pandemic, the examination will now be conducted online as follows:

3.1.1 The examination will be conducted as an open book take-home examination based
on an examination question paper of [100 marks] consisting of Section A: Classroom
Management [50 marks] and Section B: Education Law [50 marks] and is based on the
prescribed textbook titled – “An educator’s guide to effective classroom management”,
Coetzee, S. A and Van Niekerk, A. J. 2015, second edition and the study guide for
EDLHODM. Please be advised that you may only use these sources as reference guides
to support your own interpretation of the questions asked. Plagiarism will lead to
disciplinary action.

3.1.2 The examination may be downloaded and completed offline.

3.1.3 The date of the examination will be 17/06/2020 starting at 14h00 and ending
19/06/2020 at 14h00.

3.1.4 The duration of the examination is 72 hours (3 days none-venue based) to complete
and upload on the myExams.

WHERE TO FIND THE EXAMINATION PAPER

The examination question paper will be posted on myUnisa at the start of the session on
the day of the examination. A new examination question paper download tool will be
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available on the myUnisa front page. Login with your student number and myUnisa
password.

Claim your myUnisa password before the start of the examination if you have not done so
already.

3.2 Steps to follow to access to the examination paper

On the day of the examination, do the following:

3.2.1 15 minutes before the examination commences, access the myUnisa

(https://my.unisa.ac.za/portal) site.

3.2.2 Find the link Login and download my Exam Question Paper for May/June/July 2020
on the myUnisa landing page and login with your student number and password.

3.3 HOW TO SUBMIT YOUR ANSWER FILE

After the completion of your exam and ready to upload, follow these steps to submit your
take-home answer file.

3.3.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number
and myUnisa password

3.3.2 Click on the “myAdmin” tab in the top navigation

3.3.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down
list

ꞏ A list of all available assessments will display

ꞏ Locate the section for UNISA summative assessments at the bottom of the list

ꞏ Find the corresponding portfolio number for your module

ꞏ Click on the Submit link in the Action column and follow the steps described below.

Step 1: Load the answer file from your PC to myUnisa

ꞏ Click on the Browse button next to File Name

ꞏ In the Choose File dialog box, select the file you want to upload, and then click OK

ꞏ Select the correct file format from the File Format drop-down list. Most modules only allow
PDF formatted files to be uploaded.

ꞏ Click on the Continue button.

Step 2: Verify the file details for final submission of your answer file

Use this step to verify that you are uploading the correct answer file to the correct course
and assessment number.
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ꞏ Click on the Continue button to submit your answer file. If you do not click Continue, no
submission action will take place.

ꞏ Large files will take longer to upload than smaller files. Please be patient after you’ve
clicked Continue.

ꞏ If the wrong details, e.g. file name, appear on the screen, click Back to restart the file
upload process.

Step 3: Assessment submission report

This is your proof that your take-home answer file was submitted. It is advisable to print
this page or make a screen capture for record purposes. A copy of this page will also be
emailed to your myLife email account.

3.4 Types of question in the examination paper

Please note: Due to the Covid19 Pandemic and the National Lockdown regulations,
your May/June 2020 examination will be in the format of an open book/take-home
examination. You may use your second edition of your prescribed Book and Study Guide
as sources to support your own views on the questions asked in the exam by means of
referencing. This will enable you to answer the questions in the examination paper for
Section D: Education Law. There will be short questions, multiple-choice questions and
true/false for Section B: Education law.

3.5 What we expect of you in the examination

The assignments (and the information in this tutorial letter) are also important in
preparing for the examination, but the questions will not be the same as those provided
in Tutorial Letter 101, and marks will be allocated differently. Please bear in mind that
you cannot pass this module by merely rewriting the completed assignments for the
exam, or by extracting answers from old examination papers.

3.6 Reading and interpreting questions in the examination paper

Analyse the questions carefully before you start answering them. Make sure that you
interpret the questions correctly. Look for key words and phrases and establish
exactly what the question entails and what you are required to do.

3.7 Presentation of your answers in the examination

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 Your writing must be legible, your answers must be expressed in clear language and
your arguments must be logical.

 Number your answers correctly.

3.8 Allocation of time in the examination

The duration of the examination is 72 hours (3 days none-venue based) to complete and
upload on the myExams.

4. A FINAL WORD

If you want to tackle the examination paper with confidence, make sure you are
thoroughly prepared. Start preparing for the examination now.
We wish you all the best in the examination. Please do not hesitate to contact us should
you require any help with your studies.
Thank you.
Kind regards

Mrs MR Mabusela (012 429 4474)

Prof VP Mahlangu (012 429 8550)