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EDL3703 EXAM PACK 2023
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EDL3703 EXAM PACK2023
[School]
[Course title]
, Scenario:
Durban Boys’ High School is a multiracial public school in KwaZulu-Natal. The newly
appointed principal of the school has recently been criticised in the media for his dictatorial style
of running the school. In fact, his latest unilateral decision to change the language policy of the
school from English to Afrikaans has evoked considerable protest action by members of the
public and has resulted in the learners revolting. Hitesh is a Grade 9 learner at the school. His
father is an alcoholic and persistently beats both him and his mother. Hitesh has received
counselling from the school psychologist for exhibiting bullying behaviour and violent
tendencies at school. In May 2021, after being beaten by his father earlier that morning; Hitesh
arrives at school and in a fit of rage physically assaults a schoolmate named V. Instead of
reporting the matter to the police and following the criminal process, the school
principal convenes a meeting with the school governing body, which decides to:
(1) strike Hitesh 20 times with a whip; and
(2) expel him from the school.
Hitesh’s parents are extremely unhappy with the decision of the school principal and they
approach you for advice on this matter.
Question:
Write a legal opinion in which you comprehensively discuss the following:
(1) Disregarding the social and criminal implications associated with this scenario; it is
obvious that an expulsion would impact Hitesh’s right to a basic education. With the aid of
one relevant case law, comment critically on the content of the right to a basic education
(section 29(1)(a) of the Constitution of the Republic of South Africa, 1996) as a
fundamental right entrenched in the Bill of Rights.
(2) Assess the constitutionality of the school governing body’s decision to strike Hitesh
with a whip and to expel him from the school without due process.
3.2 Outline/framework of the essay
, EDL3703/201/3/2021
At the outset we need to mention that because this was a research assignment, you should have
consulted peer-reviewed academic journal articles, books, legislation, policy, case law and other
relevant legal sources to formulate your answer to the assignment question. That would not only
have enhanced your learning of the content of the module; but would have also given you a better
understanding of what was and is expected from you in this module. As a final year law student,
we expect you to conduct research and not simply rely solely on the prescribed monographs and
the study guide to formulate your answers to essay-type assignment questions.
What follows hereunder merely constitutes a framework of how you should have approached the
assignment and DOES NOT CONTITUTE a model answer. Also note, that we have used the
OSCOLA referencing technique to acknowledge our sources in our feedback on the assignment.
Although the OSCOLA referencing technique requires that a bibliography be included at the end
of a research paper; we have decided not to include one in this document as it would make the
tutorial letter too lengthy. Your submitted assignment should have however included a
bibliography.
3.2.1 Introduction
Your essay should have included a well-written introduction, clearly indicating its structure i.e.
providing the reader with a brief summary of what is to come.
3.2.2 A critical comment on the content of the right to a basic education (section
29(1)(a) of the Constitution of the Republic of South Africa, 1996) as a fundamental right
entrenched in the Bill of Rights
1
At the outset, you had to explain the content of the right to basic education. Next, you had to
explain what the right to basic education refers to or entails. 2 Then, you had to critically evaluate
the right.3 In his article, Malherbe mentions the limitations clause (section 36 of the Constitution
of the Republic of South Africa, 1996); school admission requirements; the school fee system and
disciplinary measures such as suspensions and expulsions as limitations on the right to basic
education. In the final, you could have discussed either of the following cases to substantiate
your viewpoint: Governing Body of the Juma Musjid Primary School and Others v Essay NNO
1 cf Elmene Bray, Rassie Malherbe and Susan Coetzee Human rights in Education (CELP 2015).
2 ibid.
3 R Malherbe ‘The constitutional framework for pursuing equal opportunities in education’ (2004) 22 (3) PIE 9 at 16-17.
, and Others (Centre for Child Law and Socio-Economic Rights Institute of South Africa as Amici
Curiae) [2011] ZACC 13; 2011 (8) BCLR 761 (CC) OR Governing Body of Rivonia Primary School
& Another v MEC for Education: Gauteng Province & Others (11/08340) [2011] ZAGPJHC 182;
[2012] 1 All SA 576 (GSJ); 2012 (5) BCLR 537 (GSJ). The Juma Musjid and Rivonia Primary
School cases are discussed in the study guide.4 Please be advised that when discussing case
law in assignments and the examination, the facts should be mentioned briefly, but the judgment
and the court’s interpretation of the relevant law should be explained in detail.
3.2.3 An assessment of the constitutionality of the school governing body’s decision to
strike Hitesh with a whip
Here, it would have been appropriate to begin with a definition of corporal punishment. Next you
had to state that section 10 of the South African Schools Act 84 of 1996, prohibits corporal
punishment at all schools. In the final, you should have discussed the case of Christian Education
v Minister of Education 2000 (4) SA 757 (CC) which declared corporal punishment as
unconstitutional.5 To reiterate, when discussing case law in assignments and the examination, the
facts should be mentioned briefly, but the judgment and the court’s interpretation of the
relevant law should be explained in detail.
3.2.4 An assessment of the constitutionality of the school governing body’s decision to
expel Hitesh from the school without due process
According to section 9(2) of the South African Schools Act 84 of 1996, a learner at a public school
may only be expelled by the Head of Department; and if found guilty of serious misconduct after
disciplinary proceedings contemplated in section 9 of the South African Schools Act 84 of 1996
were conducted.
Furthermore, section 33 of the Constitution of the Republic of South Africa, 1996 provides that:
(1) everyone has the right to administrative action that is lawful, reasonable and
procedurally fair; and
(2) everyone whose rights have been adversely affected by administrative action has the right to
be given written reasons.
4 cf Isabel Moodley, Catherine Mienie and Elmene Bray, Education Law: Only study guide for EDL3703 (Unisa 2014).
5 cf Bray, Malherbe and Coetzee (n 1) at 67-68 and Moodley, Mienie and Bray (n 4) at 108-127.
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