MEMORANDUM – EDCC 315 2023
Module: EDCC 315
Date: 5 June 2023
Paper: Paper 1 – f irst opportunity contact and distance
Examiner: Dr A de Wet
Moderator: Dr N Mollo
Instructions
•
•
•
1
This paper is open book in the sense that you are allowed to have a copy of ‘Statutes for
Education Law’ or ‘Wettebundel vir die Onderwysreg’ with you. No notes are allowed.
Underlining, flags, and highlighting are allowed. No other books are allowed.
Questions 1, 2, and 3 are compulsory. Answer all of them. Questions 4 and 5 are choice
questions, choose only one of them to answer.
Questions 4 and 5 are based on a scenario. You are required to apply your knowledge and
skills of interpretation of legislation to the scenarios. Remember to support your arguments
with law (e.g., common law, case law, and original as well as subordinate legislation).
Question 1
This question is compulsory. Define the following concepts
1.1
Legislation
(2)
Give two marks for an appropriate definition that contains more or less the same components as
the following definition from page 6 of Introduction:
Different forms of legislation are codified to take the form of acts (statutes) which contain legal
provisions promulgated (endorsed / enacted) and published in written format by an
authoritative government organ or legislator, such as parliament. Codification entails that
each act gets numbered and the various sections of the act are numbered and the act is
taken up in a book and electronic format.
1.2
Audi alteram partem
(2)
Give two marks for an appropriate definition that contains more or less the same components as
the following definition from page 85 of Introduction:
Audi alteram partem is a legal rule from the common law. It translates to “hear the other side” and
is relevant to a person’s right to be hears or to state their side of the story during
administrative action.
EDCC 315 Exam 10 July 2023 Paper 1 – 1st opportunity contact and distance
Examiner: Dr A de Wet Moderator: Dr N Mollo
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1.3
Geborgenheit
(2)
Give two marks for an appropriate definition that contains more or less the same components as
the following definition from page 28-29 of Introduction:
Geborgenheit is suggested as the ontological premise of education law, and it entails a state of
security including elements such as safety, harmony, capability, mutual respect, discipline,
good order. Geborgeheit encompasses a state of security on physical, emotional, cognitive,
social and emotional levels.
1.4
Delictual liability
(2)
Give two marks for an appropriate definition that contains more or less the same components as
the following definition from page 118-122 of Introduction
Delictual liability refers to when a wrongdoer (A) is held liable for harm that another (B) has
suffered ✓ as a result of A’s wrongful conduct. ✓ Being held delictually liable means that
A has to compensate the wronged (B) for any damages sustained. ✓
Five elements must be present for a person to be held delictually liable. ✓
1.5
Collective agreement
(2)
Give two marks for an appropriate definition that contains any two of the components as defined on
p92 of Introduction
Collective agreement means a written agreement concerning terms and conditions of employment
or any other matter of mutual interest concluded by one or more registered trade unions on
the one hand and on the other hand one or more employers or employers organisations.
Sub-total [10]
2
Question 2
This question is compulsory. Answer the following questions briefly
2.1
Explain fault in the form of negligence as an element of delictual liability. Provide a practical
example to illustrate your answer.
(10)
Give max 7 marks for an explanation of negligence as a form of fault. Give three marks or practical
application to and example.
Fault refers to the blameworthiness of an action.
✓
Negligence is a form of fault and occurs when a person’s conduct (action/behaviour) did not
adhere to the standard of care that is expected of them. ✓
The teacher is expected to act as a reasonable person, but also must adhere to a higher standard
of a duty of care due to working with children and being a trained professional. o test whether
or not a person has acted with negligence, the test of the reasonable person is applied.
✓✓
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Examiner: Dr A de Wet Moderator: Dr N Mollo
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The test involves two questions, 1) was harm as a result of the conduct of a teacher/school
manager/school governor reasonably foreseeable✓, example ✓and if so, 2) was it
reasonably preventable✓ example ✓
If the answer to both questions are affirmative, negligence exists✓.Example ✓
Sub-total [10]
3
Question 3
This question is compulsory. Use ‘Statutes for Education Law’ to answer the following questions.
The questions will expect you to interpret legislation. To support each answer, include reference to
relevant sections and/or subsections in legislation.
3.1
Name three forms of teacher behaviour that will constitute misconduct.
(7)
Give one mark for correct reference (full title) to the Employment of Educators Act, 76 of 1998. ✓
Section 18(1) lists 29 possible forms of misconduct, and section 17(1) lists 6 forms of serious
misconduct. The marker should check that the student lists three forms of misconduct with
the corresponding sub-section number. Give two marks for each form of misconduct which is
correctly referenced, for example:
According to Section 18(1)(l) ✓a teacher will be guilty of misconduct if they unfairly discriminate
against learners based on race, gender, etc. ✓ (please check other examples in the Act
since the list is too long to copy here)
3.2
Name three forms of ethical conduct expected of a teacher towards their colleagues
(7)
Give one mark for correct reference (full title) to the South African Council for Educators Code of
Professional Ethics. ✓
Item 6 lists 6 possible forms of ethical conduct by teachers towards their colleagues. The marker
should check that the student lists three forms of ethical conduct from item 6 with the
corresponding sub-paragraph number. Give two marks for each form of ethical conduct
which is correctly referenced, for example
According to item/Section/paragraph 6.1 ✓an educator refrains from undermining the status and
authority of their colleagues ✓
3.3
A certain educator, Mr. Xhaba, decided after the December/January break that he would
extend his vacation since learner numbers, classes, books and stationery at his school is
usually never finalised before the first week of February. The school re-opened for the new
year on 13 January, but without asking permission, Mr. Xhaba stayed home and only
returned to school on 3 February. May he be discharged?
(6)
In terms of section 14(1)(a) ✓of the Employment of Educators Act 76 of 1998 ✓an educator
appointed in a permanent capacity who is absent from work for period exceeding 14 ✓consecutive
days without the permission of the employer, ✓ shall, unless the employer directs otherwise✓, be
deemed to have been discharged from service on account of misconduct. ✓ Mr Xhaba has been
absent from work for more than 14 consecutive days ✓and may therefore be discharged on
account of misconduct, ✓
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The student may also refer to section 18(1)(j) ✓absents himself or herself from work without a valid
reason or permission✓ together with 18(2) ✓ If it is alleged that an educator committed
misconduct as contemplated in subsection (1) the employer must institute disciplinary
proceedings in accordance with the disciplinary code and procedures contained in Schedule
2. ✓ And 18(3) ✓ if, after having followed the procedure contemplated in subsection (2) a
finding is made that the educator committed misconduct, the employer may impose a
sanction of (i) dismissal if the nature and extent of the misconduct warrants dismissal. ✓
3.4
With reference to relevant provisions in the Regulations for Safety Measures at Public
Schools, explain five requirements the schools and teachers must adhere to when taking a
group of learners to the nearby town for a sports day.
(10)
Give two marks for each appropriate explanation of a safety requirement which is also referenced
with correct section and/or subsection number (only one mark if no section reference).
Subtract one mark if the student did not include the correct (full title) reference to the Regulations
for Safety Measures at Public Schools, Notice 1040 of 2001 or Government Gazette 22754
of 2001
The Safety regulations includes many regulations that are applicable to school activities, physical
activities such as sports, and transport of learners. The student can explain any five
subsections from the following sections (please check examples against the Regulations
since the list is too long to copy here):
8A School activities;
8B Organisation of a school activity
8C Consent
8D Transport
8E Physical activities
Sub-total [30]
Question 4 and Question 5 are choice questions. You can choose to answer EITHER Question 4
OR Question 5. Do not answer both the choice questions. Each of the choice questions counts 50
marks towards your total. Thus you should choose ONLY ONE to answer. The questions are based
on a scenario. Answer the questions with reference to and application to the facts in the scenario.
Support your answers with reference to relevant law.
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Examiner: Dr A de Wet Moderator: Dr N Mollo
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Scenario for Questions 4 and 5
The cartoon paints a negative picture of the state of learner discipline in the teacher’s classroom.
Study the cartoon closely before answering either Question 4 or Question 5.
Source : https://stock.adobe.com/144249138
4
Question 4
This is a choice question. Refer to the instructions in the grey block above.
4.1
Discuss the right to freedom and security of the person as well as human dignity with
reference to the scenario. Support your answers with references from the Constitution and
other relevant law. Also, refer to the notion of geborgenheit and how it is related to the
realisation of these rights in education practice.
(20)
The marker should use discretion to evaluate the answer of the student. The student is expected to
quote section 12(1)(c) and/or (e) from the Constitution, and then interpret the section. The
student must indicate the meaning and practical implications of each of the sub-sections. The
student can apply the right in section 12 to both the learners and the teacher. The student
must also quote section 10, and explain the meaning of human dignity and how it applies to
the scenario. The student should also explain geborgenheit as part of the ontology for
education law and a prerequisite for the realisation of the right to education, and indicate the
link between a state of security (geborgenheit) and the right to freedom and security of the
person and how these apply to education practice. It is important that the student make
reference to the cartoon in their discussion of how the rights and geborgenheit can or should
be applied in education.
One mark for each fact/truth/example/application. And one mark each for the correct reference of
provisions for the Constitutions and other legislation. Give a maximum of 10 marks for a
discussion on freedom and security of the person, maximum of 10 marks for a discussion of
EDCC 315 Exam 10 July 2023 Paper 1 – 1st opportunity contact and distance
Examiner: Dr A de Wet Moderator: Dr N Mollo
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dignity, and a maximum of 10 marks for a discussion of geborgenheit. The maximum total
mark is 20.
12.(1) Everyone has the right to freedom and security of the person, which includes the right –
(c) to be free from all forms of violence from either public or private sources;
Everybody has the right to be free from all forms of violence – whether from private or public
source. In other words, no person needs to be subjected to any form of violence at home,
school, in the street, in jail or anywhere else. Application to scenario.
12.(1) Everyone has the right to freedom and security of the person, which includes the right (e) not to be treated or
punished in a cruel, inhuman or degrading way.
Everybody has the right not to be punished or treated in a cruel or degrading manner.
Treatment of learners, teachers or any other persons should therefore be such that it is never
cruel, never humiliates, degrades or injures the person, and never occurs in a ruthless or
relentless manner. Whether an individual learner is punished or a group is managed, the
teacher should always respect the dignity and bodily integrity of everyone involved.
Section 12 declares that everyone has the right to bodily and mental integrity, which suggests that
one has the freedom to decide about your own bodily and mental faculties. The multitudes of
examples of physical abuse and sexual assault evident in South Africa are sad examples of
the violation of the bodily integrity of our people.
10. Everyone has inherent dignity and the right to have their dignity respected and protected.
This implies that a human being does not have to do anything to deserve this – he only has to be
born to be clothed with this dignity: a dignity unique to man that does not apply to animals,
for instance. Section 10 of the Constitution stipulates that all persons have an inherent
(inbuilt) dignity and are therefore entitled to respect for and protection of their dignity. In fact,
human dignity does not derive from the Constitution – it was created by God who put man
above all other creatures (Ps. 8: 5–9). People have dignity because they are humans; they
do not need to do or be anything to deserve this right. Hence, learners and teachers, as
humans, may never be treated as mere objects or animals. Any such treatment would impair
their dignity and be in violation of Section 10. Human dignity, together with the right to life
(Section 11) is considered as the most fundamental of rights, since many other rights cannot
exist in the absence of human dignity and the right to life.It is generally accepted that human
dignity constitutes the basis of many of the other human rights, for instance the right to
equality
Geborgenheit is suggested as the ontological premise of education law, and it entails a state of
security including elements such as safety, harmony, capability, mutual respect, discipline,
good order. Geborgeheit encompasses a state of security on physical, emotional, cognitive,
social and emotional levels. Geborgenheit is necessary for effective education to take place
– teaching learning processes are most effective when those involved in the process
experience a state of security. When a person’s human dignity is not respected, they will not
experience a state of security, which can have a negative impact on teaching-learning. When
a person experiences violence or is treated in a degrading or cruel or inhuman manner, they
will not experience a state of security.
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4.2
Evaluate the conduct of the teacher depicted in the scenario with reference to the duty of
care.
(10)
One mark for each fact/truth/example/application. And one mark each for the correct reference of
provisions for the Constitutions and other legislation. Give a maximum of 7 marks is the
student does not apply the duty of care to the scenario in the cartoon. At least three marks
must be reserved for the practical application of duty of care in the given scenario.
The teacher has a duty of care. The teacher’s duty of care involves caring and supervision. The
meaning of caring is “to feel concern or interest” and “to pay serious attention”, while
supervision means “overseeing, superintending the execution of movements or work of a
person”. The word “supervision” as we use it here semantically relates to “watching over,
guarding”. In a very loose sense it means that teachers are obliged (in other words, they
have a legal duty) to be concerned with the safety and wellbeing of the children who have
been entrusted to them. The duty of care is derived from the in loco parentis position. Based
on established principles in the common law teachers fulfil the role of parents in loco
parentis. This is because they hold the position of teacher and were professionally trained to
teach and care for learners. Literally translated, in loco parentis means in the place of the
parent (see par. 4.6.1). To act in loco parentis, implies that teachers are obliged to carry out
certain functions in the place of the parent at school as well as during school activities (which
often take place outside the school premises). Various authors hold the view that this is a
delegated position, where the parent as primary educator delegates part of his authority to
the teacher. The law, however, also provides for original authority, and the legal duty of the
educator, based on his or her professional position and the special relationship in which he
or she stands towards the learner. The in loco parentis position that every teacher accepts,
entails • the right to maintain order through authority, and • the duty of care, which pertains to
the safety of the learner.
In the scenario the teacher does not seem to intervene in any of the behaviour of the unruly
learners. She has a duty to discipline learners and control their behaviour so that they will be
safe and so that teaching learning can take place. She also has to show concern for the
safety of learners, which involves among others not letting them engage in activities where
they hurt one another or where they can hurt themselves.
4.3
Write a letter to the school governing body in which you, as an educator who has just
acquired education law knowledge, provide some guidelines as to how the school can be
made a safer place where effective learning can take place. Focus your guidelines
specifically on dealing with problematic learner behaviour such as bullying and fighting.
(20)
The student should give guidelines for dealing with bullying, fighting, violence among learners.
Such problematic learner behaviour requires effective disciplinary measures as well as an
effective approach to preventing aggression. The marker should use discretion and award
One mark for each fact/truth/example/application. And one mark each for the correct
reference of provisions for the Constitutions and other legislation. Give marks for any
relevant and lawful guidelines given. Consult chapters 7 and 8 of Introduction.
A safe and caring school environment does not only require certain actions and behaviour on the
side of educators, the principal and the school governing body. Learners are also important
partners in the venture to create safe and caring learning environments: Well-disciplined
behaviour from learners is a prerequisite for a safe environment that is conducive to
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teaching-learning (DBE, 2002a). Since learner discipline has already been discussed at
length in Chapter 7, only some disciplinary aspects directly related to school safety will be
highlighted here. The code of conduct for learners, adopted by the governing body in terms
of Section 8 of the Schools Act (SA, 1996b), is an important tool for establishing a disciplined
environment. The code of conduct for learners should outline the required behaviour that
would enhance a safe learning environment and should prohibit- behaviour that may threaten
safety. It should emphasise the values of caring, self-discipline and self-control, while clearly
stating that behaviour that endangers others is unacceptable. Specific behaviours to be
explicitly prohibited include initiation practices, bullying, harassment, sexual violence, sexism,
racism, xenophobia and other forms of unfair discrimination, assault, possession or use of
drugs and dangerous objects and technology-related behaviour that could be construed as
cyberbullying. Learners should understand the meaning of various forms of misconduct and
related concepts such as rape, pornography, assault, bullying and harassment, et cetera.
The code of conduct should outline complaint procedures as well as disciplinary procedures
for prohibited behaviour (misconduct).
The responsibilities of the various role-players in education in relation to dealing with violence can
be summarised as follows (DBE, 2008b; SA, 1996b; SA, 1998; SA, 2000e):
• The school principal is responsible for the professional management of the school and the
implementation of legislation and policy. The principal also has a duty of care towards
learners and educators, and a duty to respect and protect the rights of learners and other
persons.
• Each educator has a duty of care towards learners, and a duty to protect the rights of learners
and respect the rights of other persons.
• The school governing body (SGB) is responsible for adopting school policy and supporting the
school principal and educators in implementing legislation and policy. The disciplinary
committee of the SGB is responsible for disciplinary proceedings in relation to learners
accused of serious misconduct, as well as disciplinary proceedings in relation to employees
of the SGB.
bullying can be defined as unwelcome and harmful conduct which is persistent or serious and
demeans, humiliates, intimidates, creates a hostile or intimidating environment, causes
deliberate harm or is calculated to induce submission by actual or threatened adverse
consequences. Bullying is characterised by the following defining elements (Neser et al.,
2003b: 127,129; Sullivan, 2000: 9, Behr, 2000: 48; Russo, 2013: 32; Vally & Ramadiro, 2005:
4–5; Moodley, 2012: 539; De Wet & Van Huyssteen, 2008: 15): • Harm is intended. • An
imbalance of power (real or imagined) exists. • It involves a pattern of repeated behaviour. • It
is often organised and systematic, and may be carried out by groups. • The victim is
vulnerable. • There is a lack of support for the victim. • The victim experiences physical or
psychological damage (hurt or harm), but often both.
De Wet (2010: 322–334) proposed a model for schools to deal with sexual harassment. This
strategy is adapted here to also address non-sexual harassment and bullying, including
forms of bullying and harassment that constitute criminal offences. This school-based
intervention addresses school culture, education and awareness and anti-harassment
policies. School-based interventions should, however, be coupled with community-based
intervention if greater success is to be achieved. Schools need to collaborate with parents as
well as different community-based organisations. In addition, collaboration between the
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school, Departments of Education, Social Development, Health, Justice and Constitutional
Development and Labour as well as with the SA Police Services, Correctional Services and
the National Prosecuting Authority is necessary. Important aspects of an approach for
dealing with harassment and bullying in the school are creating a human rights culture,
offering education and awareness programmes to learners and educators as well as noneducator staff, and formulating policy which should encompass both preventative and
reactive measures for dealing with bullying, harassment and sexual harassment in the
school.
Sub-total [50]
5
Question 5
This is a choice question. Refer to the instructions in the grey block above.
5.1
Indicate and discuss which rights of the learners and/or teacher are infringed due to the
situation as depicted in the scenario. You should also indicate which person/persons has a
duty to respect and fulfil each of the rights you discuss.
(20)
Rights that are threatened:
In terms of the Constitution of the Republic of South Africa 1996 ✓
Section 29(2) ✓ of every person has the right to a basic education, including adult basic
education. ✓ Interpretation of section – e.g. The right to education entails access to quality
education that adapts to the needs of learners. ✓ Application to scenario✓
Section 12.(1) (c) ✓Everyone has the right to freedom and security of the person, which includes
the right –to be free from all forms of violence from either public or private
sources; ✓ Interpretation of section. ✓Application to scenario✓
Section 12.(1) (e) ✓ Everyone has the right to freedom and security of the person, which
includes the right not to be treated or punished in a cruel, inhuman or degrading
way. ✓ Interpretation of section. ✓Application to scenario✓
Section 10. ✓Everyone has inherent dignity and the right to have their dignity respected and
protected. ✓ Interpretation of section. ✓ Application to scenario✓
Section 28(2) ✓ “A child’s best interests are of paramount importance in every matter
concerning the child”. ✓ Interpretation of section. ✓ Application to scenario✓
Who has a duty to respect and protect each right?
Section 7(2) ✓ determines that the state must respect, protect, promote and fulfil the rights in the
bill of rights. ✓ Interpretation of section. ✓ Application to scenario ✓
Section 8.(1) ✓The Bill of Rights applies to all law, and binds the legislature, the executive, the
judiciary and all organs of state. ✓ Interpretation of section. ✓ Application to scenario✓
Section 8(2) ✓A provision of the Bill of Rights binds a natural or a juristic person if, and to the
extent that, it is applicable, taking into account the nature of the right and the nature of any
duty imposed by the right. ✓ Interpretation of section. ✓ Application to scenario✓
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Examiner: Dr A de Wet Moderator: Dr N Mollo
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5.2
The teacher depicted in the scenario learned that you have completed a module on
education law and approached you for advice. Advise the teacher on steps that the teacher
can take to address or deal with the behaviour of the learners as depicted in the scenario.
(15)
One mark for each fact/truth/example/application. And one mark each for the correct reference of
provisions for the Constitutions and other legislation. The student can discuss positive
discipline as per chapter 7 or Introduction, or can discuss disciplinary measures suggested in
the Guidelines for a Code of Conduct for Learners. The students should not discuss sections
8A, 9 or 10 here, since that would not be relevant to the question. The focus is on what the
teacher can do in the classroom to discipline learners and manage learner behaviour.
Guidelines:
•
10. Prevention, proactive advice, counselling, penalties and corrective measures
•
10.1 In case of minor offences corrective measures may be applied. These measures could
include one or more of the following:
•
a. verbal warning or written reprimand by an educator or a principal;
•
b. supervised school work that will contribute to the learner's progress at school, the
improvement of the school environment, provided that the parents are timeously informed and
the security of the child is assured;
•
c. performing tasks that would assist the offended person;
•
d. agreed affordable compensation;
•
e. replacement of damaged property; and
•
f. suspension from some school activities, e.g. sport, cultural activities.
10.2 Suspension should only be considered after every effort has been made to correct the
behaviour of the learner.
•
8. Punishment
8.1 Punishment is a corrective measure or a penalty inflicted on an offender who has to suffer the
consequences of misconduct in order to maintain the orderly society of the school.
•
7. Discipline
•
7.1 Discipline must be maintained in the school and the classroom to ensure that the education
of learners proceeds without disruptive behaviour and offences. Its goal is to teach and lead
learners to self discipline.
•
7.2 The disciplinary process must be expeditious, fair, just, corrective, consistent and
educative. Where possible the parent should be informed and involved in the correction of the
learner's behaviour. Learners should be protected from abuse by adults or other learners.
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•
7.3 Restraint is the act of controlling the actions of learners when such actions may inflict harm
to others or to the learner, or violate the rights of other learners or educators. Educators may
use reasonable measures where necessary to prevent a learner from harming him/herself or
others.
•
7.4 The South African Schools Act, 1996, empowers school authorities to discipline learners,
but it is beyond the law to delegate this authority to fellow learners. Learners are partners with
other members of the school and are not in charge of the school.
•
7.5 Every educator is responsible for discipline at all times at the school and at school related
activities. Educators have full authority and responsibility to correct the behaviour of learners
whenever such correction is necessary at the school. Serious misconduct must be referred to
the principal of the school. However, a mechanism must be created at schools to handle
disciplinary problems to reduce the load of the principal.
•
7.6 Any corrective measures or disciplinary action must be commensurate with the
offence/infraction. Corrective measures may become more severe with subsequent repeated
infractions. Suspension or expulsion may follow. Learners should not think that they cannot be
suspended or expelled simply because it is their first offence or infraction of a rule or policy, but
such decision should be taken by the right authority.
7.7 In cases where a learner cannot adjust to the school and where his/her behaviour is
objectionable in that it violates the rights of others, he/she will be referred to the principal.
Through consultation with his/her educators, and the site of learning based team in
consultation with the parents or guardians every effort should be made to assist him/her to
adjust. This will include referral to the education support services for treatment. If all these
efforts fail, the principal will refer the matter to the governing body, which may make a
decision in the best interest of the learner and the other learners at the school.
5.3
Write a section or sections which the governing body can include in the code of conduct for
learners. In the section(s), differentiate between suspension and expulsion of learners, and
include the steps the governing body of the school must take when a learner is accused of
serious misconduct.
(15)
The following sections must inform the student’s answers. The student is expected to produce
paragraphs that can serve as a clause/clauses in an actual code of conduct of a school. Use
discretion to award marks for the students’ suggested clauses. The student should apply
requirements for a code of conduct. Suspension and expulsion must be defined, and specific
behaviours that may lead to suspension and/or expulsion must be mentioned.
According to section 8(5) (a) of the South African Schools Act, 84 of 1996, A code of conduct
must contain provisions of due process safe-guarding the interests of the learner and any other
party involved in disciplinary proceedings.
Section 8(5)(b) furthermore states that the code of conduct must also provide for support
measures or structures for counselling a learner involved in disciplinary proceedings.
Section 9 of the Schools Act outlines rules for suspension and expulsion as follows:
•
(1) The governing body may, on reasonable grounds and as a precautionary measure,
suspend a learner who is suspected of serious misconduct from attending school, but
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Examiner: Dr A de Wet Moderator: Dr N Mollo
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may only enforce such suspension after the learner has been granted a reasonable
opportunity to make representations to it in relation to such suspension.
•
(1A) A governing body must conduct disciplinary proceedings in the manner
contemplated in section 8 against a learner within seven school days after the
suspension of such learner.
•
(1B) If disciplinary proceedings are not conducted within seven school days after the
suspension of a learner, the governing body must obtain the approval of the Head of
Department for the continuation of the suspension of such learner.
•
(1C) A governing body may, if a learner is found guilty of serious misconduct during
the disciplinary proceedings contemplated in section 8— impose the suspension of
such learner for a period not longer than seven school days or any other sanction
contemplated in the code of conduct of the public school; or make a recommendation to
the Head of Department to expel such learner from the public school.
Section 11 of the Guidelines for a Code of Conduct lists
•
11. Offences that may lead to suspension
•
Provincial regulations must be consulted in the compilation of a list of offences which may lead
to suspension of a learner. Offences that may lead to such suspension include, but are not
limited to the following:
•
a. conduct which endangers the safety and violates the rights of others;
•
b. possession , threat or use of a dangerous weapon;
•
c. possession, use, transmission or visible evidence of narcotic or unauthorised drugs, alcohol
or intoxicants of any kind;
•
d. fighting, assault or battery;
•
e. immoral behaviour or profanity;
•
f. falsely identifying oneself;
•
g. harmful graffiti, hate speech, sexism, racism;
•
h. theft or possession of stolen property including test or examination papers prior to the writing
of tests or examinations;
•
i. unlawful action, vandalism, or destroying or defacing school property,
•
j. disrespect, objectionable behaviour and verbal abuse directed at educators or other school
employees or learners;
Sub-total [50]
TOTAL: 100
EDCC 315 Exam 10 July 2023 Paper 1 – 1st opportunity contact and distance
Examiner: Dr A de Wet Moderator: Dr N Mollo
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