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LCP4809 Assignment 2 Semester 2 2024 (159605) - DUE September 2024
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QUESTIONS WITH ANSWERS LCP4809 Assignment 2 Semester 2 2024 (159605) - DUE September 2024
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LCP4809Assignment 2
Semester 2 2024
(159605) - DUE
September 2024
QUESTIONS AND ANSWERS
[School]
[Course title]
, LCP4809 Assignment 2 Semester 2 2024 (159605) - DUE September 2024
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
Interpretation of Section 29(2) of the Constitution in the Context of Key Court
Cases
Section 29(2) of the Constitution of the Republic of South Africa states:
"Everyone has the right to receive education in the official language or languages
of their choice in public educational institutions where that education is
reasonably practicable. In order to ensure the effective access to, and
implementation of, this right, the state must consider all reasonable educational
alternatives, including single medium institutions, taking into account equity,
practicability, and the need to redress the results of past racially discriminatory
laws and practices."
This provision establishes the right to education in one's chosen language within
public institutions, subject to the conditions of practicability, equity, and redress of
historical injustices. The courts' interpretations of this section in the cases Western
Cape Minister of Education v The Governing Body of Mikro Primary School
and Head of Department: Mpumalanga Department of Education and
Another v Hoërskool Ermelo and Another provide insight into the application
and scope of this right.
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