Exam (elaborations)
EDL3703 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
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EDL3703EXAM PACK
2023
QUESTIONS WITH ANSWERS
EMAIL: musyokah11@gmail.com
,EDL3703
EXAM
PACK 2023
LATEST QUESTIONS
AND ANSWERS
For queries or any assignment help
Email: musyokah11@gmail.com
, 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.
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