Exam (elaborations)
LCP4809 EXAM PACK.
- Course
- LCP4809
- Institution
- University Of South Africa (Unisa)
Exam of 40 pages for the course LCP4809 at Unisa (LCP4809 EXAM PACK.)
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LCP4809Exam Pack
2023
LATEST QUESTIONS
AND ANSWERS
,TL201-2-2017
According to Bray E ‘The constitutional concept of co-operative government and its
application in education’ (2002) Journal for Contemporary Roman-Dutch Law, in the
concurrent functional area of education …
(1) national government participates on a limitless basis in decision-making in provincial
government.
(2) national government is obliged to assist provincial government and under certain
narrowly defined circumstances, national government may intervene in provincial
government affairs.
(3) national government may never delegate powers to provincial government to facilitate co-
operation.
(4) the magistrates’ courts have a determinant role to play in overseeing and enforcing
cooperative government and cultivating a culture of co-operative government.
Fill in the missing word or words: The … is liable for any delictual or contractual damage
or loss caused as a result of any act or omission in connection with any school activity
conducted by a public school and for which such public school would have been liable
but for the provisions of this section (i.e. section 60(1)(a) of the South African Schools
Act 84 of 1996).
(1) state
(2) provincial department of education
(3) Director-General: Basic Education
(4) Head of Education Departments Committee
Fill in the missing words: In The Western Cape Minister of Education v The Governing
Body of Mikro Primary School 2005 (10) BCLR 973 (SCA), the court alluded to the
responsibility of the … to provide public schools for the education of learners out of funds
appropriated for this purpose by the provincial legislature.
(1) Member of the Executive Council (MEC)
(2) Minister of Basic Education
(3) Head of Department (HoD)
(4) Council of Education Ministers
According to sections 29(3) and (4) of the Constitution of the Republic of South Africa,
1996 …
(1) everyone has the right to establish and maintain, at their own expense, independent
educational institutions that discriminate on the basis of race.
(2) everyone has the right to establish and maintain, at their own expense, independent
educational institutions that are registered with the state.
(3) everyone has the right to establish and maintain, at their own expense, independent
educational institutions that maintain standards that are inferior to standards at comparable
public educational institutions.
(4) the right to establish and maintain independent educational institutions precludes state
subsidies for independent educational institutions.
Indicate which statement is NOT correct. According to the South African Schools Act 84
of 1996 …
(1) the governing body of a public school must support the principal, educators and other staff of
the school in the performance of their professional functions.
2
,(2) the Head of Department may suspend or terminate the membership of a governing body
member for a breach of the code of conduct after due process.
(3) before merging two or more public schools the Member of the Executive Council must
give verbal notice to the schools in question of the intention to merge them.
(4) the governing body of a public school must determine times of the school day consistent with
any applicable conditions of employment of staff at the school.
Fill in the missing word or words: In Antonie v Governing Body, Settlers High School,
and Others 2002 (4) SA 738 (C), the applicant sought on review to set aside the first
respondent’s decision finding her guilty of serious misconduct and … her for a period of
five days.
(1) suspending
(2) withdrawing her privileges
(3) expelling
(4) assigned extra work to
Fill in the missing word: According to Joubert R & Bray E “Public school admission
policy: theory and practice” (2007) Public school governance in South Africa language,
language tests, school zoning and school fees are frequently used as discriminatory
factors when determining and administering public school … policy.
(1) language
(2) disability
(3) admission
(4) anti-bullying
In terms of the National Education Policy Act 27 of 1996 …
(1) subject to the Constitution, provincial policy shall prevail over the whole or a part of any
national policy on education if there is a conflict between the national and provincial policies.
(2) the objectives of the Act are to provide for – the determination of national education
policy by the Minister in accordance with certain principles; the consultations to be
undertaken prior to the determination of policy, and the establishment of certain bodies
for the purpose of consultation; the publication and implementation of national
education policy; and the monitoring and evaluation of education.
(3) the Minister shall within 21 working days after determining policy in terms of section 3 – give
notice of such determination in a national newspaper and indicate in such notice where the
policy instrument issued with regard thereto may be obtained.
(4) the Minister shall direct that the standards of education provision, delivery and performance
throughout the province of KwaZulu-Natal, be monitored and evaluated by the Department
monthly or at other specified intervals, with the object of assessing progress in complying with
the provisions of the Constitution and with national education policy.
In Seodin Primary School and Others v MEC, Northern Cape and Others 2006 (4) BCLR
542 (NC), one relief sought by the applicants was that the first and second respondents
acted ultra vires their powers and contrary to the provisions of section 6(2) of the South
African Schools Act 84 of 1996 by unilaterally laying down … for the applicant-schools.
(1) an admission policy
(2) a uniform policy
(3) an attendance policy
(4) a language policy
3
, Indicate which statement is NOT correct. According to the Admission Policy for Ordinary
Public Schools Notice 2432 of 1998 …
(1) when a learner transfers from one public school to another, the principal must complete a
transfer card and hand it to the parent, or forward it to the principal of the receiving school.
(2) if a learner has been admitted to a public school at an age above the age norm for a grade,
such learner must, as far as possible, be placed in a fast track facility, or with his or her peer
group, unless it is not in the educational interest of the learner.
(3) the Minister of Basic Education must inform all parents of learners admitted to a
school of their rights and obligations in terms of the South African Schools Act, 1996,
and any applicable provincial law.
(4) a parent must complete an application form for admission, which should be made available
to him or her by the principal of the school together with the admission policy and the code of
conduct for learners of the school.
According to the South African Schools Act 84 of 1996 …
(1) a recognised sign language has the status of an official language for purposes of
learning at a public school.
(2) member of staff means any person receiving education or obliged to receive education in
terms of this Act.
(3) every educator 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.
(4) a governing body may suspend or extend the suspension of a learner for a period not longer
than 30 days pending the decision by the Head of Department whether or not to expel such
learner from the public school.
Fill in the missing case name: In … the defence argued that “the Afrikaner people, as a
minority, have an unquestionable and inalienable right to self-determination. This
includes the right freely to determine their political status and to pursue their economic,
social and cultural development with due regard to their freedom and identity and in
equal enjoyment of the common heritage of mankind. The State has a duty to ensure the
exercise of their right to development.”
(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) Matukane and Others v Laerskool Potgietersrus 1996 (3) SA 223 (TPD)
(4) The Western Cape Minister of Education v The Governing Body of Mikro Primary School
[2005] 3 All SA 436 (SCA)
Fill in the missing word or words: The … of a school refers inter alia to the determination
of school policy.
(1) professional management
(2) administration
(3) micro management
(4) governance
According to the National Policy on HIV/AIDS, for Learners and Educators in Public
Schools, and Students and Educators in Further Education and Training Institutions …
4
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