Assignment 1Assignment 1

Education law – the learner

Choose any TWO of the following 4 topics.

Clearly indicate your chosen topic a heading at the start of each essay.

This assignment must be answered as two separate essays of 3 to 4 pages each

(1,5 spacing, 12 fonts, Arial or Times New Roman) In other words, the sub-questions

Must be used as a guide as to what must be addressed in each essay.

Topic 1: Code of Conduct for Learners.

Make a copy of a school’s Code of Conduct for Learners.

Work through the legal requirements for drawing up a Code of Conduct for Learners (Sections 8, 9,
and 20(d) of the Schools Act and the common law principles of “in loco parentis”, “Ultra vires” and
“audi alteram partem”, as well the relevant sections of the Constitution) and provide a summary of
this requirements.

Take the school’s Code of Conduct for learners and evaluate whether it conforms to the requirements
of the law and the regulations (attach it to your assignment). In your answer explain carefully how
the school has adhered to the law and the policy “Guidelines for the consideration of Governing
Bodies in adopting a code of conduct for learners”. (This document will be available on ClickUp.)

Why does the Minister of Education (of South Africa) consult with the Council of Education Ministers
(CEM) to determine guidelines for consideration by School Governing Bodies (SGBs) when adopting a
Code of Conduct for Learners?

What is meant by the “Limitation of a right” (Section 36 of the Constitution)? How does this right
affect discipline in schools?

[25 Marks]

Topic 2: Religion Policy.

a. Make a copy of a school’s Religion Policy and attach it to your answers.

b. Work through the legal requirements for drawing up a Religion Policy for a school

(Section 15 of the Constitution and Section 7 of the Schools Act).

 Does the Religion Policy of the school fulfil the requirements of the law? Explain.

c. What is regarded as “religious observances” that can be conducted in state and state–aided
institutions?

Who makes the rules for conducting religious observances in schools? Why?

d. When learners and educators are in assembly there will be those who do not attend assembly

because their parents have requested (in writing) for the learner to be excused from this religious
practise.

i. What must be done to supervise these learners? Why must these learners be
supervised?
ii. Where is this process explained?
iii. Explain what is meant by religious instruction in schools.

[25 Marks]

Topic 3: Selected Human Rights.

a. Write a full report of an incident that happened where ONE of the following Human Rights
were violated:

(Human Dignity (Section 10 of the Constitution)); Freedom and Security of the Person (Section 12
of the Constitution);

Privacy (Section 14 of the Constitution).

b. State clearly

i. Which rights were violated?

ii. How were these rights violated?

iv. How did the school deal with the issue(s)?

v. According to the Constitution and the South African Schools Act, what is the correct
manner in

Which the school is supposed to address the issues?

c.

i. Why is it possible for a school to address such an incident without a Code of Conduct for
learners?

ii. What is your opinion about how the school dealt with this incident?

iii. Suggest improvements that you would have made when dealing with this issue.

[25 marks]
Topic 4: The Language Policy of the school.

a. Read the Sections 1-6 of the Constitution.

b. Consult Section 6 of the South Afican Schools Act.

i. Who decides on the Norms and Standards of Language Policy in public schools?

ii. Who may determine the language policy of the school, subject to the Constitution and the Schools
Act?

iii. Why may there be no racial discrimination in implementing the language policy in the school?

iv. Consult the Section 29 (2) of the Constitution and explain exactly what is meant by this section.
Refer

to the words:

Reasonably practicable / Equity / Need to redress

v. How does Section 29 (3) affect independent schools?

c. Make a copy of a school’s Language Policy and attach it to your assignment. Measure it against the

following document from the Department of Basic Education (DoBE) which is available on ClickUp:
“The

norms and standards for Language Policy in Public Schools”. Now determine whether the school’s

Language Policy conforms to the official policy of the Department of Basic Education (DBE).

d. What do the following concepts mean in Education?

Number of learners in a class.

Parallel medium school.

Dual medium school.

Minority language (as compared with English