EDL3703 Assignment 1 & 2 Semester 2 2024 | Due 14 and 28 August 2024
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Course
Education Law (EDL3703)
Institution
University Of South Africa (Unisa)
Book
Bringing Human Rights Education to US Classrooms
EDL3703 Assignment 1 & 2 Semester 2 2024 | Due 14 and 28 August 2024 - Multiple answers for both assignments.
Assignment 1 - 14 August 2024
1. Learner P (a Grade 6 learner) approaches Learner K (a Grade 4 learner) during the
compulsory lunch break at Embhuleni Primary School. Ernbhuleni Pr...
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Assignment 1 - 14 August 2024
1. Learner P (a Grade 6 learner) approaches Learner K (a Grade 4 learner) during the
compulsory lunch break at Embhuleni Primary School. Ernbhuleni Primary is a public school in
Mpumalanga. Learner P tells Learner K that if she does not hand over her iPhone. She will
“beat her up to a pulp”, Learner K refuses to give Learner P her iPhone, so Learner P starts to
beat her up. The educators on duty break up the brawl and Learner P is escorted to the
principal’s office. Learner P has been a problematic learner for the educators of Embhuleni
Primary since Grade 3 and the principal sick and tired of her disruptive behaviour. He decides
to teach her a lesson by telling her to leave the school and to never come back because she does
not deserve the right to a basic education. He even goes as far as hiring security guards to
prevent her from entering the premises. As a paralegal, Learner P and her parents approach
you for advice this matter. Write a legal opinion in which you comprehensively assess Learner
P’s right to a basic education and whether the actions of the school principal were
adminstratively and constitutionally correct.
Answer 1:
Introduction
The scenario involves Learner P, a Grade 6 student at Embhuleni Primary School in Mpumalanga,
who threatens and assaults Learner K, a Grade 4 student, during a compulsory lunch break.
Following the incident, the principal, frustrated with Learner P's history of disruptive behavior,
decides to expel her from the school, hiring security guards to enforce the expulsion. Learner P and
her parents have sought legal advice on whether this expulsion violates her right to a basic education
and if the principal's actions were administratively and constitutionally correct. This opinion will
assess Learner P's right to basic education within the framework of South African law and the
Constitution, and evaluate the principal's actions against administrative justice standards.
Legal Framework
Right to Basic Education - The right to basic education in South Africa is enshrined in
Section 29(1)(a) of the Constitution, which states, "Everyone has the right to a basic education,
including adult basic education." This right is immediately realizable and not subject to
progressive realization, as confirmed by the Constitutional Court in cases such as Juma Musjid
Primary School & Others v. Essay NO & Others (CCT 29/10). This right imposes an obligation
on the state and its institutions to ensure that every child has access to education without
unjustified interruptions.
Administrative Justice - Section 33 of the Constitution guarantees everyone the right to
administrative action that is lawful, reasonable, and procedurally fair. The Promotion of
Administrative Justice Act (PAJA) 3 of 2000 operationalizes this right, ensuring that decisions
affecting individuals are made following due process, providing affected individuals the
opportunity to be heard, and giving reasons for decisions.
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