Exam (elaborations)
LCP4809 MCQ Memo Bundle
- Course
- LCP4809
- Institution
- University Of South Africa (Unisa)
LCP4809 MCQ memos from with questions, answers and feedback (where provided).
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LCP4809 MCQ Memo Bundle2020/01
Question 1
According to the South African Schools Act 84 of 1996, every … must cause
every learner for whom he or she is responsible to attend a school from the first
school day of the year in which such learner reaches the age of seven years
until the last school day of the year in which such learner reaches the age of
fifteen years or the ninth grade, whichever occurs first.
1. educator
2. school principal
3. parent
4. school governing body
Answer:
Only statement (3) is correct. See section 3(1) of the South African Schools Act 84 of
1996.
Question 2
According to Bray E in “The constitutional concept of co-operative government
and its application in education” (2002) THRHR 65 529–530, in the concurrent
functional area of education …
1. national government participates on an unlimited basis in decision-making in
provincial government.
2. national government is not obliged to assist provincial government.
3. under certain narrowly defined circumstances, national government may
intervene in provincial government affairs.
, 4. national government may never delegate powers to provincial government to
facilitate cooperation.
Answer:
Only statement (3) is correct. See Bray E “The constitutional concept of co-operative
government and its application in education” (2002) Journal for Contemporary Roman-
Dutch Law 65 528– 530.
Question 3
In which ONE of the following cases did the Court hold that the power afforded
to the HoD to withdraw a function on reasonable grounds under section 22(1) of
the South African Schools Act 84 of 1996 had no necessary connection with the
power to appoint a committee to decide a school language policy contemplated
in section 25 of the South African Schools Act?
1. Seodin Primary School and Others v MEC, Northern Cape and Others 2006 (4)
BCLR 542 (NC)
2. Head of Department, Mpumalanga Department of Education and Another v
Hoërskool Ermelo and Another 2010 (2) SA 415 (CC)
3. The Western Cape Minister of Education v The Governing Body of Mikro
Primary School 2005 (10) BCLR 973 (SCA)
4. Matukane and Others v Laerskool Potgietersrus 1996 (3) SA 223 (T)
Answer:
Only statement (2) is correct. See Head of Department, Mpumalanga Department of
Education and Another v Hoërskool Ermelo and Another 2010 (2) SA 415 (CC) paras
85–86.
Question 4
Administrative justice is a fundamental principle of administrative law that
embraces the principles of …
1. unlawfulness and fairness.
2. lawfulness and partiality.
, 3. unfairness and impartiality.
4. fairness and impartiality.
Answer:
Only statement (4) is correct. See Squelch J “The right to administrative justice: the
implications for school governing bodies” (2000) A critical chronicle of the South
African Education Law and Policy Association (SAELPA) 360.
Question 5
The Norms and Standards regarding Language Policy, published in terms of
section 3(4)(m) of the National Education Policy Act 27 of 1996, operates within
the following paradigm:
1. The right to choose the language of learning and teaching is vested in the
school governing body.
2. The inherited language-in-education policy in South Africa has been fraught
with tensions, contradictions and sensitivities, and underpinned by racial and
linguistic discrimination. A number of these discriminatory policies have
affected either the access of the learners to the education system or their
success within it.
3. In terms of the new Constitution of the Republic of South Africa,1996, the
government, and thus the Department of Education, recognises that our cultural
diversity is a valuable national asset and hence is tasked, among other things,
to promote Afrikaans and the development of Afrikaans as used in the country.
4. The new language in education policy is meant to impede communication
across the barriers of colour, language and region.
Answer:
Only statement (2) is correct. See paras A(1)–(3) and (6) of the Norms and Standards
regarding Language Policy, published in terms of section 3(4)(m) of the National
Education Policy Act 27 of 1996.
Question 6
Fill in the missing words: “Organ of state” means–
, a) “any department of … or administration in the national, provincial or local
sphere of government; or
b) any other functionary or institution-
I. exercising a power or performing a function in terms of the … or a
provincial constitution; or
II. exercising a … power or performing a … function in terms of any
legislation, but does not include a court or a judicial officer”.
1. government; Constitution; private; private
2. government; National Education Policy Act; public, private
3. state; Constitution; public; public
4. state; South African Schools Act; private; public
Answer:
Only statement (3) is correct. See section 239 of the Constitution of the Republic of
South Africa, 1996.
Question 7
In Antonie v Governing Body Settlers High School and Others 2002 (4) SA 738
(C), the court referred to a schedule issued by the Ministry of Education in April
1998 as Notice 776 of 1998. In terms of section 8(3) of the South African Schools
Act 84 of 1996, it lays down guidelines for consideration by governing bodies in
adopting a … for learners.
1. mission statement
2. code of conduct
3. constitution
4. language policy
Answer:
Only statement (2) is correct. See Antonie v Governing Body Settlers High School and
Others 2002 (4) SA 738 (C) para 13 and section 8(3) of the South African Schools Act
84 of 1996.
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