This document contains my answers for the EDL exam which I obtained 98%, it gives a clear understanding of how the questions are answered. it will also help the learner obtain good marks.
Question 1
(a) Section 239 of the Constitution states ‘’organ of state ‘’ means
any department of state or administration in the national, provincial or local
sphere of government; or
any other functionary or institution
i. exercising a power or performing a function in terms of the Constitution
or a provincial constitution; or
ii. exercising a public power or performing a public function in terms of any
legislation but does not include a court or a judicial officer.
In terms of education law a public school is an organ of state because:
Per section 239 of the Constitution, all public schools are <organs of state= in the sense that
they are functionaries/institutions exercising public powers and performing public functions
in terms of legislation. A public school is bound by the underlying democratic principles and
values prescribed for the public (education) administration as per section 195 of the
Constitution.
A public school is not an organ of state in the sense of being a sphere of government, or an
organ operating within a sphere of government. However, for rendering a public education
service, it forms part of the broader public administration and is therefore subject to the
Constitution in this regard.
Public schools are obliged to practise democratic principles and values - govern their schools
in a democratic, transparent and accountable manner.
(b)
a) parents of the learners at the school
b) educators of the school
c) members of staff at the school who are not educators
d) learners in the eighth grade or higher at the school
(c)
Equality
No form of unfair discrimination against a learner or educator is permitted and all learners
shall enjoy equal treatment before the law and shall receive equal protection and benefits
of the law. The concept “unfair discrimination” was analysed by the Constitutional Court in
Prinsloo v Van der Linde 1997 6 BCLR 759 (CC) par 23 and 28 and defined as follows:
Treating persons differently in a way which impairs their fundamental dignity as human
beings who are inherently equal in dignity. Unfair discrimination refers to any situation
where people are treated differently without justification. Discrimination in education on
, the basis of disability, sex and race may be some of the most glaring examples of unfair
discrimination.
The Sunali Pillay case (MEC for Education: Kwazulu-Natal v Pillay
2008 1 SA 474 (CC) analyses the concepts of equality and unfair discrimination. Ms Pillay
gave Sunali permission to pierce her nose and insert a small gold stud. When she returned to
school after the holidays, Ms Pillay was informed that her daughter was not allowed to wear
the nose stud as it was in contravention of the Code of Conduct. The code of conduct of the
Durban Girls’ High School (DGHS) stated
the following about wearing jewellery: “Jewellery: Ear-rings – plain round studs/sleepers
may be worn.ONE in each ear lobe at the same level. No other jewellery may be worn, except
a wrist watch. Jewellery includes any adornment/bristle which may be in any body piercing.
Watches must be in keeping with the school uniform. Medic-Alert discs may be worn.”
Mrs Pillay explained that she and Sunali came from a South Indian family that intends to
maintain cultural identity by upholding the traditions of the women before them. The
insertion of the nose stud was part of a time-honoured family tradition. It entailed that a
young woman’s nose was pierced and a stud inserted when she reached physical maturity
as an indication that she had become eligible for marriage. Mrs Pillay took the case to the
Equality Court. This Court determined that the discrimination was not unfair. This decision
by the Equality Court was taken on appeal by Ms Pillay to the Pietermaritzburg High Court.
The High Court held that the conduct of the school was discriminatory against Sunali and
was unfair in terms of the Equality Act.
In the appeal case against the decision of the High Court, that the school discriminated
against Sunali, the Department of Education contended that the High Court erred in
characterising the matter as an equality claim within the contemplation of the Equality Act.
It argued that there can be no case for discrimination where it cannot be said that there is
dominant group” that is treated better than Sunali.
However, the Constitutional Court held that the ground of discrimination is religion or
culture as the school’s Code of Conduct has a disparate impact on certain religions and
cultures. The norm embodied by the Code of Conduct is not neutral, but enforces
mainstream and historically privileged forms of adornment, such as ear studs which also
involve the piercing of a body part, at the expense of minority and historically excluded
forms. It thus places a burden on learners such as Hindu’s who are unable to express
themselves fully and must attend school in an environment that does not completely accept
them.
Respect and dignity
Fundamentally, human rights are built on human dignity. Educators maintaining discipline in
school should exercise care not to infringe this right. Belittling, name-calling and humiliating
learners in front of their peers are examples of how learners dignity may be infringed.
In Danielle Antonie v Governing Body, The Settlers High School and Head of Western cape
Education Department (2002) (4) SA 738 a learner challenged the school governing body’s
decision to suspend her from school for five days. Having converted to Rastafarian, Danielle
wore a dreadlock hairstyle and black cap. The school governing body charged the fifteen
year old grade 10 learners with serious misconduct and found her guilty of defiance of the
school code of conduct that required that ‘’ the hair must be tied up below the collar’’. The
court ruled in her favour and set the suspension aside, agreeing that the punishment could
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mokoenadobbs72. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.25. You're not tied to anything after your purchase.
