LCP4809
Assignment 2
Semester 2 2024
(159605) - DUE
September 2024
QUESTIONS WITH ANSWERS
, LCP4809 Assignment 2 Semester 2 2024 (159605) - DUE September 2024
Explain how the courts in 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 interpreted section 29(2) of the Constitution of the Republic of South
Africa? Use supporting authority in your answer
To answer the question about how the courts interpreted section 29(2) of the
Constitution of the Republic of South Africa in the specified cases, we need to examine
the key points and judgments in each case.
Section 29(2) of the Constitution
Section 29(2) of the Constitution provides that everyone has the right to receive
education in the official language or languages of their choice in public educational
institutions where that education is reasonably practicable. In order to ensure the
effective access to, and implementation of, this right, the state must consider all
reasonable educational alternatives, including single medium institutions, taking into
account:
• Equity
• Practicability
• The need to redress the results of past racially discriminatory laws and practices
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