LCP4809
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 159605
Due Date: September 2024
QUESTION 1 (3 ANSWERS PROVIDED)
INTERPRETATION OF SECTION 29(2) OF THE CONSTITUTION IN MIKRO PRIMARY
SCHOOL AND HOËRSKOOL ERMELO CASES
Introduction
The interpretation of Section 29(2) of the Constitution of the Republic of South Africa, which
enshrines the right to receive education in the official language or languages of one's choice,
has been a contentious issue in South African courts. Two landmark cases that have contributed
significantly to this interpretation are The Western Cape Minister of Education v The Governing
Body of Mikro Primary School 2005 (10) BCLR 973 (SCA) and Head of Department:
Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another [2009]
ZACC 32. This analysis will explore how the courts in these cases interpreted Section 29(2) and
the implications of their judgments on language policy in public schools.
The Mikro Primary School Case Terms of use
By making use of this document you agree to:
Facts and Background • Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
In the Mikro Primary School •case, Fullythe
accept the consequences
Western should you
Cape Minister plagiarise or misuse
of Education this document.
instructed Mikro
Primary School, an Afrikaans-medium school, to admit 21 English-speaking learners. The
Disclaimer
Extremebody
school's governing care has been used
refused, to create
arguing this the
that document,
schoolhowever
was antheAfrikaans-medium
contents are provided “as is” without
institution
any representations or warranties, express or implied. The author assumes no liability as a result of
and did not have the
reliance resources
and to accommodate
use of the contents the learners
of this document. in English.
This document Thefor
is to be used dispute escalated
comparison, research
and reference
to the Supreme Court ofpurposes
AppealONLY. No part of this document may be reproduced, resold or transmitted in any
(SCA).
form or by any means.