UNIVERSITY EXAMINATIONS

May/June 2022

LCP4809

Education Law

100 Marks
Duration: Four (4) hours

First examiner: Ms M Ehrenbeck

Second examiner: Adv NC Motsumi
External Moderator: Prof NT Mollo
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS.

This paper consists of 5 (FIVE) pages.

1. The examination question paper counts 100 marks.

2. It consists of three questions. Answer ALL of the questions.

3. The duration of the examination is four (4) hours. Your answers must be submitted via the
myExams platform on 17 June 2022 at or before 17:45 (South African Standard Time).

4. This is an open-book examination. You may consult your prescribed study material during
the examination.

5. This examination is proctored via the Invigilator App. Register on the Invigilator App with your
myLife e-mail address and scan in the QR Code below to start the Invigilator app before you
start with the exam.

Open Rubric
For all enquiries regarding the Invigilation process and app Whatsapp 073 505 8273

6. SUBMISSION OF YOUR EXAMINATION ANSWER FILE

6. Your exam file must be uploaded on the myExams platform on Moodle.
6.1 You are advised to preview your submission (answer script) to ensure legibility and
that the correct answer script file has been uploaded.
6.2 Once the official examination time per the examination timetable has expired, you
are provided one hour to submit your answer script. Submissions made after the
submission period has lapsed will be rejected per the examination regulations and
will not be marked.
7. The cover page for your take-home exam must include your name, student number
and the module code.
8. It is preferred that your take-home exam is typed. However, handwritten
submissions will also be accepted. If the take-home exam is typed, the maximum
length is 7 (seven) pages (which includes the cover page and the bibliography). If
the take-home exam is handwritten, the maximum length is 9 (nine) pages (which
includes the cover page and the bibliography).
9. Whether your answers are typed or handwritten, your submission on the myExams
platform on Moodle must be made in the form of one PDF document. Only the last
file uploaded and submitted will be marked.
9.1 The exam answer file that you submit must not be password protected nor uploaded
as a “read only” file.

9.2 Your examination answer file will not be marked if:

9.2.1 you send your examination answer file via email.
9.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
9.2.3 you submit your exam answer file on an unofficial examination platform (including
the invigilator cellphone application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late

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9.2.7 you submit your answer file from a registered student account that is not your own.
9.3 Incorrect answer scripts and/or submissions made on unofficial examinations
platforms (including the invigilator cellphone application) will not be marked and no
opportunity will be granted for resubmission.
9.4 The mark awarded for an illegible examination answer file submission will be your
final mark. You will not be allowed to resubmit after the scheduled closing date and
time of the exam.

10. If your answers are typed, ensure that the following requirements are adhered to.
Items 9.3-9.4 apply to written assignments as well.
10.1 The text must be typed in Arial font, size 12 with single line spacing within the
paragraph, and double line spacing after the paragraph.
10.2 The text must be justified.
10.3 All of the pages must be numbered in the right-hand corner at the bottom of the
page.
10.4 All margins must be 2.5cm, but the left margin must be 3cm.
10.5 South African English and not American English should be used. For example, the
correct spelling is “Labour” and not “Labor”.
10.6 Do not use abbreviations or SMS language.
10.7 All quotes that are two lines long (or less), must form part of the main text, be written
in italics, and be bracketed by quotation marks. Where a quotation is longer than
two lines, it must be typed in a separate paragraph in italics in size 11 font and must
be indented by 1 cm. No quotation marks are required when the quotations stand
alone. Use quotations very sparingly. In this take-home exam, a maximum of 5% of
the text may be quoted.

11. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you
have the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles
to the questions.

11.1 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR
ANY OTHER SOURCE).

12. The arguments that you make must be logical, well-structured and substantiated by
all of the relevant legal principles. You are given two and a half hours to complete
the take-home exam. Use the time given wisely.
12.1 Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text or in your footnotes.
12.2 A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles. Deal only with those principles that relate
to the given facts. Next, apply these principles to the facts. This is where most of the

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 students lose marks - they set out the law in some detail, but then do not illustrate
how it applies to the factual situation they have been asked to solve. Finally, state
your conclusion.

13. You must complete the online declaration of own work when submitting.
13.1 By ticking the Honesty Declaration, you confirm that you have read (i) the
University’s Policy on Copyright Infringement and Plagiarism and the Student
Disciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules.
13.2 Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
request assistance from other students during examinations. Plagiarism is a
violation of academic integrity, and students who do plagiarise or copy verbatim from
published work will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to disciplinary hearing. Unisa has a zero
tolerance for plagiarism and/or any other forms of academic dishonesty.
13.3 Unless a student is exempted because of disability or incarceration, students who
have not utilised invigilation or proctoring tools will be deemed to have transgressed
Unisa’s examination rules and will have their marks withheld.
PLEASE NOTE:

If you experience technical problems of any kind on the day(s) of the examination (including
network or loadshedding challenges) and your examination answers are not submitted by
the cut-off time, please apply online for an aegrotat exam within 3 days of the examination
session. Include supporting documentation with your application. Supplementary or
aegrotat students will not be able to apply for aegrotat exams and will have to re-register for
the module.

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or
email Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact
numbers.

QUESTION 1
Distinguish between the basic characteristics of the law and the definitions of policy
briefly and discuss the role that policy documents relating to education have played in
shaping the education landscape as discussed in relevant court decisions.
[25]

QUESTION 2
Explain how the courts in The Western Cape Minister of Education v The Governing
Body of Mikro Primary School 2005 (10) BCLR 973 (SCA) and Head of Department:
Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another
[2009] ZACC 32 interpreted section 29(2) of the Constitution of the Republic of South
Africa? Use supporting authority in your answer.

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 [25]
QUESTION 3

Study the hypothetical scenario below and answer the questions that follow.

Teboho is a grade 11 learner at Tshwane High School. She has been a problematic
learner for the educators of the school since Grade 8 and has been suspended four
times for serious misconduct. In fact, Mr Lekota (the principal of Tshwane High
School) is concerned that Teboho is endangering the lives of other learners as he
suspects that she carries a knife to school every day. On one particularly enraging
day late in 2021 Mr Lekota rips open Tebogo’s school bag to search for a knife. No
knife is found and the matter is left there. In early 2022 with the principal at his wits
end, and not knowing what further disciplinary measures to take, Mr Lekota sees
new legislation from the Gauteng Provincial Legislature that now allows for school
principals to administer corporal punishment. In May 2022, Teboho takes out a knife
and threatens to harm a classmate. After discussing the issue with her parents
(whose religion favours corporal punishment both at home and at school), instead
of convening a disciplinary hearing to suspend Teboho, Mr Lekota decides to beat
Teboho with a knobkerrie.

3.1 Discuss how Mr Lekota or his delegate should go about conducting a random
search at Tshwane High School and explain the procedures that must be
followed if Teboho’s knife is seized by Mr Lekota or his delegate. Indicate what
rights are infringed by unlawful searches.

(10)

3.2 With the aid of relevant case law and supporting authority, discuss whether the
decision taken by Mr Lekota and her parents to beat Teboho with a knobkerrie
is constitutional or not?

(25)

3.3 Disciplinary hearings at schools are regulated by legislation and contain

elements of administrative justice. Indicate the correct procedures that Mr
Lekota should have followed if he wanted to discipline Teboho and indicate the
parts of these procedures (disciplinary hearing) that reflect the tenets of
administrative justice.

(15)

[50]

{100}
©

UNISA 2021

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