EDA3058/101/3/2019

Tutorial Letter 101/3/2019

Educational Law and Professional Ethics

EDA3058

Semesters 1 and 2

Department of Educational Leadership and

Management

This tutorial letter contains important information

about your module.

BARCODE
 CONTENTS

Page

1 INTRODUCTION .......................................................................................................................... 3
2 PURPOSE AND OUTCOMES ...................................................................................................... 3
2.1 Purpose ........................................................................................................................................ 3
2.2 Outcomes ..................................................................................................................................... 4
3 LECTURER(S) AND CONTACT DETAILS................................................................................... 4
3.1 Lecturer(s) .................................................................................................................................... 4
3.2 Department ................................................................................................................................... 5
3.3 University ...................................................................................................................................... 5
4 RESOURCES ............................................................................................................................... 5
4.1 Prescribed books .......................................................................................................................... 5
4.2 Recommended books ................................................................................................................... 6
4.3 Electronic reserves (e-reserves) ................................................................................................... 7
4.4 Library services and resources information ................................................................................... 7
5 STUDENT SUPPORT SERVICES ................................................................................................ 8
6 STUDY PLAN ............................................................................................................................... 9
7 PRACTICAL WORK AND WORK-INTEGRATED LEARNING ................................................... 11
8 ASSESSMENT ........................................................................................................................... 11
8.1 Assessment criteria..................................................................................................................... 11
8.2 Assessment plan ........................................................................................................................ 12
8.3 Assignment numbers .................................................................................................................. 12
8.3.1 General assignment numbers ..................................................................................................... 12
8.3.2 Unique assignment numbers ...................................................................................................... 12
8.4 Assignment due dates…………………………………………………………………………..12
8.5 Submission of assignments ........................................................................................................ 13
8.6 The assignments ........................................................................................................................ 13
8.7 Other assessment methods ........................................................................................................ 40
8.8 The examination ......................................................................................................................... 40
9 FREQUENTLY ASKED QUESTIONS ........................................................................................ 43
10 SOURCES CONSULTED ........................................................................................................... 44
11 IN CLOSING ............................................................................................................................... 44
12 REMINDER................................................................................................................................. 45

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Dear Student

1 INTRODUCTION

Welcome to the module Education Law and Professional Ethics. We sincerely hope that
you will find this module informative and enlightening. We shall do our best to make your
study of this module successful. You will be well on your way to success if you start
studying early in the semester and resolve to do the assignment(s) properly. You will
receive several tutorial letters during the semester. A tutorial letter is but one of the
communicating tools we use for teaching, learning and assessment. Tutorial Letter 101
contains important information about the scheme of work, resources and assignments for
this module. We urge you to read it carefully and to keep it at hand when working
through the study material, preparing the assignment(s), preparing for the examination
and addressing questions to your lecturers.

Please read Tutorial Letter 301 in combination with Tutorial Letter 101 as it gives you an
idea of generally important information when studying at a distance and within a College.

In this Tutorial Letter, you will find the assignments and assessment criteria as well as
instructions on the preparation and submission of the assignments. This tutorial letter
also provides all the information you need about the prescribed study material and other
resources and how to obtain it. Please study this information carefully and make sure
that you obtain the prescribed material as soon as possible. We have also included
certain general and administrative information about this module. Please study this
section of the tutorial letter carefully. Right from the start we would like to point out that
you must read all the tutorial letters you receive during the semester immediately and
carefully, as they always contain important and, sometimes, urgent information.
We hope that you will enjoy this module and wish you all the best!

2 PURPOSE AND OUTCOMES

2.1 Purpose

The purpose of this module is to equip you with the necessary knowledge, skills and attitude to
enable you to make lawful decisions and to act judicially correctly in education practice.

The outcome for this module is to provide you with the necessary knowledge, skills and
attitudes so that you will be cognisant of your professional role, rights and responsibilities, and
to enable you to function as a professional person about the education law environment, labour
relations in education and various education partnerships.

The course content is divided into Part A: The education law environment, the Constitution and
education law in the South African education system, and labour legislation in education and
Part B: Professional ethics, educators as professional people and the organised teaching
profession.

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This is a semester (half-year) module, which means that it is offered twice this year.

Semester 1 - from January to June 2019

Semester 2 - from July to November 2019

You will have registered for either Semester One or Semester Two. Please make sure you
know which semester you are registered for. If in doubt, please contact the Department
of Student Administration for clarification.

2.2 Outcomes
The outcome of this module is to empower students on educational law and professional ethics
knowledge and skills about their roles and responsibilities as professionals.

3 LECTURER(S) AND CONTACT DETAILS

3.1 Lecturer(s)
PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into
assignments.

Communication with the University

If you need to contact the University about matters not

related to the content of this module, please consult the
publication: Study @ Unisa that you received with your
study material. This booklet contains information on how
to contact the University (e.g. to whom you can write for
different queries, important telephone and fax numbers,
addresses and detail of the times certain facilities are
open).

Always have your student number at hand when you

contact the University.

All queries that are not of a purely administrative nature but are about the content of this
module should be directed to us. Please have your study material with you when you contact
us.

The lecturers responsible for this module are:

Mr SJ Rapeta
AJH Van der Walt Building room 7-20
E-mail address: [email protected]
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Tel number: 012 429 6848

Prof. J Nyoni
E-mail address: [email protected]
Cell number: 084 688 6226

Dr. R I Lumadi
AJH Van der Walt Building room 6-105
E-mail address: [email protected]
Tel number: 012 429 6848

NOTE:
You may enclose more than one letter in an envelope, but do not make enquiries from different
departments (for example Despatch and Library Services) in the same letter. This delays the
replies to your enquiries. Write a separate letter to each department and mark each letter clearly
for the attention of that department. Letters to lecturers may not be enclosed with assignments.

ALWAYS WRITE YOUR STUDENT NUMBER AND THE

MODULE CODE AT THE TOP OF YOUR LETTER.

You are most welcome to visit us at the office to discuss any academic problems you might
experience with your studies. Please remember to make an appointment beforehand.

3.2 Department
Department of Educational Leadership and Management

3.3 University
University of South Africa

4 RESOURCES
4.1 Prescribed books
There is no prescribed textbook for EDA3058. This means that you do not have to buy any
additional books for EDA3058. You need only study your study guide and the tutorial
letters.

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4.2 Recommended reference resources

At the request of some of our students, we include information on additional sources for
Education Law. Please note that these books are neither prescribed nor recommended.
They provide background reading for students who wish to read more widely. The library does
not necessarily keep these books and they may therefore not be easily obtainable. You should
further note that the library does not provide photocopies of sections of these books:

Basson, A.C.; Christianson, M.A., Garbersk, C., Le Roux, P.A.K., Mischke, C. & Strydom,
E.M.L. 2005. Essential Labour Law. 4th edition. Centurion: Labour Law Publications.
Boshoff, E. & Morkel, P. 1999. Juta’s Education Law and Policy Handbook. Kenwyn: Juta.
Burns, Y. & Beukes, M. 2006. Administrative Law under the 1996 Constitution. Durban:
LexisNexis Butterworths.
Coetzee, S.A, Van Niekerk, E.J. & Wydeman, J. 2008. An educator’s guide to effective
classroom management. Pretoria: Van Schaik.
Currie, I. & De Waal, J. 2005 The Bill of Rights Handbook. Lansdowne: Juta.
De Groof, J., Malherbe, R. & Sachs, A. 2000. Constitutional implementation in South Africa.
Ghent: Mys & Breesch publishers.
Joubert, R. & Bray, E. (eds) 2007. Public school governance in South Africa. Pretoria: CELP.
Joubert, R. & Prinsloo, S. 2001. Education Law: a practical guide for educators. Pretoria:
Van Schaik.
Kleyn, D. & Viljoen, F. 1998. Beginner's guide for law students. 2nd edition. Kenwyn: Juta.
Neethling, J., Potgieter, J.M. & Visser, P.J. 2002. Law of delict. 4th edition. Durban:
Butterworths.
Oosthuizen, I.J. (ed) 2011. Aspects of educational law. 5th edition. Pretoria: Van Schaik
Oosthuizen, I.J., Rossouw, J.P. & De Wet, A. 2004. Introduction to Education Law. Pretoria:
Van Schaik.
Rautenbach, I.J. & Malherbe, E.F.J. 1994. Your rights in the Constitution. Johannesburg:
Rand Afrikaans University.
Taylor, B.B. 1996. Education and the law: a dictionary. Santa Barbara, Calif: ABC-Clio.

Sometimes students ask lecturers to send them copies of specific Acts such as the Constitution,
the South African Schools Act 84 of 1996, the Employment of Educators Act 76 of 1998 or the
Labour Relations Act 66 of 1995. Unfortunately, lecturers cannot comply with such requests.

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All these Acts are bound in the Butterworths volumes of statutes in the Unisa law library (and
other law libraries) but are reference works and cannot be borrowed by students. Your school or
district offices should also have sets of education legislation. If you do not have access to
education legislation and want to order your own copies, you should inquire from the
Government Printer at the following address:

THE GOVERNMENT PRINTER TEL: 012 334 4508/09/10

(PUBLICATION SECTION) FAX: 012 323 9574
PRIVATE BAG X 85
PRETORIA 0001

YOU DO NOT HAVE TO BUY ANY OF THE LEGISLATION MENTIONED.

NB
THE STUDY GUIDE AND TUTORIAL LETTERS ARE THE ONLY
COMPULSORY STUDY MATERIAL.

4.3 Electronic reserves (e-reserves)

No electronic reserves (e-reserves) for this module
4.4 Library services and resources information
For brief information, go to www.unisa.ac.za/brochures/studies

For detailed information, go to http://www.unisa.ac.za/library. For research support and services

of personal librarians, click on "Research support".

The library has compiled several library guides:

 finding recommended reading in the print collection and e-reserves –

http://libguides.unisa.ac.za/request/undergrad
 requesting material – http://libguides.unisa.ac.za/request/request
 postgraduate information services – http://libguides.unisa.ac.za/request/postgrad
 finding, obtaining and using library resources and tools to assist in doing research –
http://libguides.unisa.ac.za/Research_Skills
 how to contact the library/finding us on social media/frequently asked questions –
http://libguides.unisa.ac.za/ask

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5 STUDENT SUPPORT SERVICES

For information on the various student support systems and services available at Unisa (e.g.
student counselling, tutorial classes, language support), please consult the publication Study @
Unisa that you received with your study material.

5.1 Contact with fellow students

5.1.1 Study groups

It is advisable to have contact with fellow students. One way to do this is to form study groups.
The addresses of students in your area may be obtained from the following department:

Directorate: Student Administration and Registration

PO Box 392
UNISA
0003

5.1.2 myUnisa

If you have access to a computer that is linked to the internet, you can quickly access resources
and information at the University. The myUnisa learning management system is Unisa's online
campus that will help you to communicate with your lecturers, with other students and with the
administrative departments of Unisa – all through the computer and the internet.

To go to the myUnisa website, start at the main Unisa website, http://www.unisa.ac.za, and then
click on the “Login to myUnisa” link on the right-hand side of the screen. This should take you to
the myUnisa website. You can also go there directly by typing in http://my.unisa.ac.za. Please
consult the publication Study @ Unisa which you received with your study material for more
information on myUnisa.

5.1.3 Tutorials

Unisa offers tutor services for students as additional academic support at the various Unisa
regional learning centres throughout the country.

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For details of a learning centre near you, please consult the Directorate Curriculum and
Learning Development at Tel: +27 12 429 6889

A tutorial is an organised session where students and tutor(s) meet regularly at a common
venue and at scheduled times to discuss course material. The main purpose of the tutorial
services is:

 To facilitate student learning by developing the student’ independent learning skills;

 Assisting students to become motivated and independent learners;
 Help the students to develop and enhance their learning experience and academic
performance through interaction with the tutor and fellow students.

Tutorials are not compulsory and willing students receive tutorial support at a nominal fee.
Interested students are advised to consult a learning centre closest to them to enrol for tutorials.
For further information on tutorials consult the brochure Study @ Unisa.

6 STUDY PLAN

Period Activity

Compulsory Both assignments ONEs (March and August)

Assignments

Semester 1: January Familiarise yourself with the study material by scanning through the study
guide.
Semester 2: July

Semester 1: February Study the prescribed reading for assignment 01. This assignment is
compulsory. No extension can be granted for this assignment and late
assignments will not be marked. BOTH assignments ONEs, stipulated in
SEMESTER 1 and SEMETER 2 contribute towards year mark which will
Semester 2: August be requirement for admission to the examination.

Remember to take part in the discussion forum on myUnisa at least once

this month.

Semester 1: Do and submit assignment 01 before or on 1 March.

Semester 2: Do and submit assignment 01 before or on 2 August.

Semester 1: March Start working on Assignment 02. The purpose of this assignment is to
take you systematically through the study guide. Read the whole study
guide – do not just look for the answers to the questions!
Semester 2: September Remember to take part in the discussion forum on myUnisa at least once
this month.

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Semester 1: April Do and submit assignment 02. I suggest that you
contact your fellow students via myUnisa and
compare and discuss your answers.
Semester 2: October

Semester 1: May Prepare for and write the examination.

Semester2: November

Study @ Unisa contains valuable information on where to begin with your studies. Please take
some time to read through the 11 steps suggested in this document.

I suggest that you note down the closing dates for all the assignments that you must submit for
Semester 1 or Semester 2 and compile a plan of study for each module according to the due
dates. You can use the following as a guideline for planning your studies for EDA3058 in 2019:

Period Activity

Compulsory Both assignments ONEs (March and August)

Assignments

Semester 1: January Familiarise yourself with the study material by scanning through the study guide.

Semester 2: July

Semester 1: February Study the prescribed reading for assignment 01. This assignment is compulsory.
No extension can be granted for this assignment and late assignments will not
be marked. BOTH assignments ONEs, stipulated in SEMESTER 1 and
SEMETER 2 contribute towards year mark which will be requirement for
Semester 2: August admission to the examination.

Remember to take part in the discussion forum on myUnisa at least once this
month.

Semester 1: Do and submit assignment 01 before or on 1 March.

Semester 2: Do and submit assignment 01 before or on 2 August.

Semester 1: March Start working on Assignment 02. The purpose of this assignment is to take you
systematically through the study guide. Read the whole study guide – do not just
look for the answers to the questions!

Semester 2: September Remember to take part in the discussion forum on myUnisa at least once this
month.

Semester 1: April Do and submit assignment 02. I suggest that you contact your fellow students via
myUnisa and compare and discuss your answers.

Semester 2: October

Semester 1: May Prepare for and write the examination.

Semester2: November

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7 PRACTICAL WORK AND WORK-INTEGRATED LEARNING

There is no practical work students will be expected to do in this module.

8 ASSESSMENT
8.1 Assessment criteria
Assignments are part of the learning material for this module. As you do the assignment, study
the reading texts, consult other resources, discuss the work with fellow students or tutors or do
research, you are actively engaged in learning.

General remarks

PLEASE NOTE:

Enquiries about assignments (e.g. whether the University has received your assignment
or the date on which an assignment was returned to you) must be addressed to the
brochure Study @ Unisa

Commentaries and feedback on assignments

You will receive the correct answers automatically for multiple-choice questions. For written
assignments, markers will comment constructively on your work. However, commentaries on
compulsory assignments will be sent to all students registered for this module in a follow-up
tutorial letter, and not only to those students who submitted the assignments.

As soon as you have received the feedback, please check your answers. The assignments and
the feedback on these assignments constitute an important part of your learning and should
help you to be better prepared for the next assignment and the examination

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8.2 Assessment plan

Please note:

Although students may work together when preparing assignments, each student must write
and submit his or her own individual assignment. In other words, you must submit your own
ideas in your own words, sometimes interspersing relevant short quotations that are properly
referenced. It is not acceptable for students to submit identical assignments on the basis that
they worked together.

That is copying (a form of plagiarism) and none of these assignments will be marked.
Furthermore, you may be penalized or subjected to disciplinary proceedings by the university.

For general information and requirements as far as assignments are concerned, see the
brochure Study @ Unisa which you received with your study material.

8.3 Assignment numbers

8.3.1 General assignment numbers
Students are expected to write two assignments per semester of which the first assignment is
compulsory.

8.3.2 Unique assignment numbers

Semester 1: Unique numbers

Assignment 01: 539526
Assignment 02: 848837

Semester 2: Unique numbers

Assignment 01: 792671
Assignment 02: 740236

8.4 Assignment due dates

Semester 1:

Assignment 01: 1 March 2019

Assignment 02: 5 April 2019

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Semester 2:

Assignment 01: 2 August 2019

Assignment 02: 23 August 2019

8.5 Submission of assignments

Assignments should be submitted to:

Assignment
PO Box 392
UNISA
0003

8.6 ASSIGNMENTS

FIRST SEMESTER COMPULSORY ASSIGNMENTS

ASSIGNMENT 01
Compulsory
Closing date: 1 March 2019
Multiple-Choice Questions
Unique number: 539526
20% contribution towards year mark
Requirement for admission to the examination

Each question has only one correct answer. Use your study guide to find the answers to the
questions. This multiple-choice assignment should be answered on a mark-reading sheet
(included in the package you received on registration). Study the brochure study @ Unisa for
information on how to use and complete a mark-reading sheet. These assignments are marked
by computer on a specific date and no extension on submission dates can therefore be given.
Please remember to indicate the unique number for your assignment on your mark-reading
sheet.

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Please send your assignments in Unisa assignment covers to the following address:

Assignment Section
PO Box 392
UNISA
0003
South Africa

Each question has only ONE correct answer.

(1) Which ONE of the following statements is NOT CORRECT?

1 Law is a social code of conduct which consists of statutory laws with which society
must comply.
2 The Constitution is the supreme law in South Africa
3 The main branches of South African law are public, private law and case law
4 Public law is aimed at public interests and orders the horizontal relationship between
the state and the individual.

(2) Which of the following statement is CORRECT?

a Constitutional, administrative and criminal law are substantive, public law.

b Constitutional law involves the working and relationships of central authoritative
organs of the state.
c Administrative law is the law that organises the daily business or administration
of government.
d Civil law can be described as the law that focuses on transgressions that
violate the interests of individuals.

(3) Which ONE of the following statements is CORRECT?

1 Law of persons is concerned with the origin, existence and status of legal objects.
2 A public school is a juristic person without legal capacity.
3 A principal of a school is a juristic person because he or she represents the state.
4 The governing body of a school is a legal subject.

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(4) The term legal environment refers to the legal rules, which form a framework to…

a regulate activities in education spaces and municipalities.

b regulate the activities, powers and relationships of the people, structures and bodies
which together comprise a network constituting the essence of phenomena such as
education, the economy, politics, industry or labour relations.
c focus on transgressions that violate the interests of the community.
d judge cases according to principles and societal rules and norms which are not
recorded in legislation.

(5) Which of the following statements are CORRECT?

a Stare decisis refers to a summary of the facts of a case and the judgment.
b Ratio decidendi refers to the reason for a court judgment as indicated in the law
report.
c Stare decisis refers to the principle that a previous court judgment can influence a
later one.
d Ratio decidendi refers to the uncoded legal tradition as derived from Roman-Dutch
and English law.

1 (b) and (c) are correct.

2 (a) and (b) are correct.
3 (a) and (d) are correct.
4 (c) and (d) are correct.

(6) Which of the following statements are CORRECT?

a Subordinate legislation is not adopted by the legislature but by authorities who derive
their law-making power from an enabling Act.
b Subordinate legislation is legislation adopted by the provincial legislature.
c Original legislation is adopted by Parliament, the provincial legislature and municipal
councils.
d Parliament is the only legislature empowered to adopt original legislation.

1 (b) and (c) are correct.

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2 (a) and (c) are correct.
3 (a) and (d) are correct.
4 (c) and (d) are correct.

(7) Which ONE of the following statements is CORRECT?

1 Section 39(1) supports the functional approach to statutory interpretation.

2 Section 39(1) supports the textual approach to statutory interpretation.
3 When interpreting any legislation, courts may take the aim, spirit and intention of
the Bill of Rights into account.
4 Courts are only obliged to consider the Bill of Rights when interpreting legislation
dealing with fundamental rights.

(8) Which ONE of the following statements is CORRECT?

1 Audi alteram partem means “beyond legal authority”.

2 Nemo iudex in sua causa means”no one may be judge in his own case".
3 Ultra vires means “to hear the other side”.
4 In loco parentis means "to act as a caring parent".

(9) Education law may be defined as...

1 legal rules from the Constitution and other statute law which have in common the fact
that they have to be applied in education
2 legal rules from the common law which have in common the fact that they have to be
applied in education
3 legal rules from case law which have in common the fact that they have to be applied
in education
4 All of the above

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(10) Which one of the following is not one of the main branches of South African law?

1 Public law
2 Formal law
3 Private law
4 Law of evidence

(11) Select the most appropriate option: A public school is a...

1 natural person without legal capacity

2 juristic person without legal capacity
3 juristic person who participates in legal activities through its functionaries
4 natural person with legal capacity

(12) Which ONE of the following statements is CORRECT?

1 The Schools Act (s 5(1)) provides that a public school must admit a learner of
compulsory school-going age unless it has a good reason not to (eg the learner is HIV
positive, has a record as an aggressive child).
2 The Schools Act (s 5(1)) provides that a public school must admit all learners
irrespective of their age because many learners did not have the privilege to attend
school during the apartheid years.
3 The Schools Act (s 5(1)) provides that a public school must admit a learner of
compulsory school-going age and may not discriminate against any applicant.
4 The Schools Act (s 5(1)) provides that a public school must admit a learner of
compulsory school-going age and may not unfairly discriminate against any applicant.

(13) Negligence can be defined as …

1 the failure to exercise the necessary degree of care for the safety and well-being of
others.
2 the failure to report for duty at school
3 the failure to allow learners to do as they please
4 All the above

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(14) Which one of the following statements is NOT CORRECT?

1 Common law is non-statutory law.

2 Legislation is interpreted against the background of the Constitution.
3 Common law is enacted by Parliament.
4 Common law can be amended or repealed by legislation.

(15) The court case S v Lekghathe 1982 (3) SA 104 (T) was a criminal case.

1 (i) and (ii) are correct.

2 (i) and (iii) are correct.
3 (ii) and (iii) are correct.
4 (iii) and (iv) are correct.

(16) Which one of the following statements is CORRECT?

1 The court case Hiltonian Society v Croft 1952 (3) SA 130 (A) is a criminal case.
2 In the case Hiltonian Society v Croft 1952 (3) SA 130 (A), Croft was the claimant.
3 In the case Hiltonian Society v Croft 1952 (3) SA 130 (A), Croft was the respondent.
4 In the case Hiltonian Society v Croft 1952 (3) SA 130 (A), the State was the
prosecutor.

(17) Which one of the following statements is CORRECT?

1 In a civil dispute the plaintiff is the party who must respond.

2 In a criminal case one of the disputing parties is called a defendant.
3 The state is always one of the disputing parties in a civil case.
4 A dispute between two educators acting in their private capacity will be a private law
dispute.

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(18) Basic education can be defined as the attainment of a General Education Certificate
on the completion of...

1 Grade 9
2 Grade 7
3 the intermediate phase
4 the foundation phase

(19) The requirements set in the Constitution for the establishment of independent
education institutions include, among other things, that these institutions...

(i) do not discriminate based on race

(ii) are registered with the State
(iii) are managed by the Department of Education
(iv) maintain standards that are not inferior to standards at comparable public educational
institutions

1 (i) and (iii) are correct.

2 (i), (ii) and (iii) are correct.
3 (ii) and (iii) are correct.
4 (i), (ii) and (iv) are correct.

(20) Which ONE of the following statements is INCORRECT?

1 According to the Labour Relations Act 66 of 1995, educators are part of the broad civil
service.
2 The procedures to be followed before a person may strike (as set out in the Labour
Relations Act 66 of 1995) are also applicable when a person wants to take part in a
secondary strike.
3 The Labour Relations Act 66 of 1995 makes provision for the establishment of an
Education Labour Relations Council (ELRC).
4 According to the Labour Relations Act 66 of 1995 an employer must pay a retrenched
employee severance pay equal to at least one week’s pay for every completed year of
continuous service.

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(21) Which ONE of the following statements is CORRECT?

1 The founding of SACE was a positive step in the reconstruction and development of
our education system.
2 The founding of SACE was a positive step in the reconstruction and development of
our education system and the development of a culture of learning and teaching.
3 The founding of SACE was a positive step in the development of a culture of learning
and teaching and in giving all the employees of the Department of Education
professional status.
4 The founding of SACE was a positive step in the establishment of a professional
assistance facility for educators which also offers general services to the public.

(22) Which one of the following statements is NOT CORRECT?

1 The main purpose of the South African Schools Act 84 of 1996 is to provide a uniform
system for the organisation, governance and funding of schools.
2 In legal terms, the term person refers only to natural persons, that is, human beings.
3 A juristic person is a legal entity such as a school.
4 The South African Schools Act 84 of 1996 provides for the establishment of
democratic school governance.

(23) Which ONE of the following statements is CORRECT?

1 A profession claims the right to establish its own body to look after its interest.
2 A profession is prescribed by the Department of Education.
3 A profession forms part of a bureaucratic system.
4 A profession is prescribed by the Labour Relations Act (Code of Good Practice).

(24) A public school is a...

1 natural person without legal personality

2 juristic person without legal capacity
3 juristic person who participates in legal activities through its functionaries
4 natural person with legal capacity

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(25) SACE is a public body as defined in the Act and is governed by the provisions of the…

1 South African Council for Educators Act 31 of 2000.

2 Promotion of Access to Information Act 2 of 2000.
3 Labour Relations Act. 66 of 1995.
4 South African Schools Act 84 of 1996.

(26) Which ONE of the following statements is NOT APPLICABLE TO an appropriate

professional code of conduct?

An appropriate professional code of conduct…

1 protects both the practitioner and the public.

2 replaces everyone’s personal accountability for his or her personal decisions and
actions.
3 protects the good name of the profession.
4 eliminates possible mutual exploitation and malpractice.

(27) Which one of the following statements is NOT CORRECT?

1 The main purpose of the South African Schools Act 84 of 1996 is to provide a uniform
system for the organisation, governance and funding of schools.
2 In legal terms, the term person refers only to natural persons, that is, human beings.
3 A juristic person is a legal entity such as a school.
4 The South African Schools Act 84 of 1996 provides for the establishment of
democratic school governance.

(28) What school structure is responsible for drawing up a code of conduct for learners in a
school?

1 the principal and educators

2 the governing body of the school
3 the Head of Department (HoD)
4 the Minister of Education

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(29) Which ONE of the following criteria is NOT valid for the evaluation of teaching as a
true profession?

1 The service should be unique and essential.

2 Remuneration of the profession should enable the educator to maintain a high
standard of living.
3 A long period of specialised training is necessary.
4 A profession requires sustained research and in-service training.

(30) If a learner's parents want to appeal against his or her expulsion, they should appeal
to...

1 the Head of Department (HoD)

2 the Member of the Executive Council (MEC) who is responsible for education in a
province
3 the governing body of the school
4 the principal of the school

(31) Which one of the following is NOT CORRECT?

1 Being a learning mediator, the educator must mediate learning in a manner that is
sensitive to the diverse needs of the learners, excluding those with barriers to learning.
2 The learning mediator must construct learning environments that are appropriately
contextualised and inspirational.
3 The learning mediator should communicate effectively, showing recognition and respect
for others.
4 The learning mediator will demonstrate sound subject content and various principles
appropriate to the South African context.

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(32) Which one of the following is CORRECT?

1 The educator must fulfil various roles, of which the role of assessor is the most important.
2 The educator must design and manage both formative and summative assessment in
ways that are appropriate to the level and purpose and meet the requirements of the
accrediting bodies.
3 It is no longer necessary to keep detailed and diagnostic records of assessment; results
should only be interpreted.
4 The educator should understand that assessment is an essential feature of the teaching
and learning process and may assess what he does not teach.

(33) Which one of the following statements is CORRECT?

1 The Head of Department (HoD) is required to formulate the admission policy of the
school.
2 A learner may only be expelled by the governing body of a school.
3 A learner may only be expelled by the principal of a school.
4 The governing body may suspend a learner from a public school for not more than a
week as a correctional measure.

(34) Which one of the following persons may be the chairperson of the governing body of a
specific school?

1 The principal of the school

2 A parent who has a child at the school and is employed at the school
3 A parent who previously had a child in the school
4 A guardian of a learner at school who is not employed at the school

(35) Which of the following is CORRECT?

The educator must achieve ongoing personal, academic, occupational and professional
growth. He or she should therefore be a …

1 lifelong learner.
2 scholar and interpreter.

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3 scholar, researcher and lifelong learner.
4 subject specialist.

(36) A fiduciary relationship means a relationship...

1 between equal partners

2 of distrust
3 of trust
4 between unequal partners

(37) Which of the following is NOT CORRECT?

1 Moral philosophy employs ethical principles to determine the morality of behaviour.

2 Moral philosophy refers to the customs, habits, actions and behaviours of a person, an
institution or a community.
3 Ethics are concerned with terms such as "values", "norms", "principles", "convictions"
and "morality".
4 Moral philosophy refers to the customs, habits, actions and behaviours of a person and
an institution, but not of the community.

(38) Which one of the following is NOT CORRECT?

1 The norms of the educator influence all his or her decisions in the school setting.
2 The educator as an ethical leader is someone who symbolises ethical drive.
3 An educator can only be an ethical leader if his or her ethical values are the driving force
behind all his or her actions.
4 The educator’s principles and norms direct all his or her actions.

(39) Which one of the following is NOT CORRECT?

1 Educators are regarded as ethical leaders if they have a clear vision of the future
2 Educators may persuade learners of the value, aims and benefits of moral choices aimed
at ensuring a peaceful existence for all.

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3 Educators may not persuade learners of the values and benefits of moral choices.
4 Educators are not always able to live nobly, but they should always strive to do so.

(40) Which one of the following is NOT CORRECT?

1 Ethical leaders are role models.

2 Ethical leaders have all the characteristics of a leader.
3 Ethical leaders are expected to display value-based ideas, words and actions.
4 An educator who is an ethical leader ensures that the aims and objectives of the school
are reached but has no responsibility towards the wider society.

ASSIGNMENT 02 (Compulsory)

Compulsory

Closing date: 5 April 2019

Study the extract from a case that was served before the ELRC and then answer the questions.

During February 2013, applicant was served with a charge sheet, containing the following
charge:

It is alleged that on or around 15 May 2012, while on duty as an educator at Letsemeng

Primary School, you committed an act of misconduct in that you assaulted learner MP, a
Grade 5 learner by slapping her on her face on her back and lashing her with a stick on
her hand.

In view of your actions, you are thus charged with misconduct in terms of section 18(1)(r)
of the Employment of Educators Act, No 76 of 1998, as amended.

[11] Learner “MP”,[2] who was the complainant, testified that she is 13 years old. During
May 2012 she was a grade 5 learner at Letsemeng Primary School. She was in
applicant’s class on 15 May 2012 for Life Orientation. Applicant asked who was attending
church and some learners said she attended the Zion Christian Church. She denied this
and said she attended St Agnes Church. She then took a piece of paper and pretended
to start writing. Applicant then came over to her desk where he assaulted her.

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 He hit her on her back, slapped her in her face and when she tried to hide he bumped
her head against the desk. As a result, she injured her head. Applicant then chased her
out of the classroom. She assumes that he used his fists and hands to hit her on her
back.

[12] Then applicant asked one of the boys in the classroom, learner “Z”, to fetch a stick.
At that stage another teacher Mr Ramalanedi came into the classroom while she was still
standing outside. Learner Z came back with the stick. Applicant asked learner Z to call
her and another learner whom he had also chased out. When they both came back into
the classroom applicant beat them on their hands with the stick. Then he instructed them
to sit down.

[29] It is common cause that applicant was convicted of assault on a learner and that the
sanction that was imposed was a final written warning, three months’ suspension without
pay and counselling. Applicant did not allege that there was procedural unfairness. Only
the substantive fairness of the conduct is in dispute. It is in dispute whether applicant is
guilty of any misconduct and, if he is guilty, whether the sanction was too harsh.

(1) Critically consider the lawfulness of the applicant (educator) using corporal
punishment in the light of the Constitution, relevant legislation and case law.
(15)
(2) Slapping a learner will constitute corporal punishment in terms of International
Law. Define “international law”, give an example of international law that prohibits
corporal punishment and explain briefly the role international law plays in the
interpretation of the South African Bill of Rights. (5)

(3) The applicant received a written warning. List the provisions that apply for issuing
written warnings. (10)

(4) Discuss the validity of the administrative actions (the disciplinary actions) taken
by the educator against the learner. Refer to section 33 of the Constitution,
section 8 of the Schools Act 84 of 1996 and the relevant common law rules. (20)

TOTAL 50 MARKS

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SECOND SEMESTER COMPULSORY ASSIGNMENTS

ASSIGNMENT 01
Compulsory
Closing date: 02 August 2019
Multiple-choice questions
Unique number: 792671
20% contribution towards year mark
Requirement for admission to the examination

Each question has only one correct answer. Use your study guide to find the answers to the
questions. This multiple-choice assignment should be answered on a mark-reading sheet
(included in the package you received on registration). Study the brochure Study @ Unisa for
information on how to use and complete a mark-reading sheet. These assignments are marked
by computer on a specific date and no extension on submission dates can therefore be given.
Please remember to indicate the unique number for your assignment on your mark-reading
sheet.

Please send your assignments in Unisa assignment covers to the following address:

Assignment Section
PO Box 392
UNISA
0003
South Africa
Each question has only ONE correct answer.

(1) Section 66(2) stipulates that no person may take part in a secondary strike unless

(a) the strike to be supported complies with the provisions set for a strike (ss 64 and 65)
(b) the employer of the employees taking part in the secondary strike or, where appropriate,
the employers' organisation to which that employer belongs, has received written notice
of the proposed secondary strike at least seven days prior to its commencement

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(c) the nature and extent of the secondary strike is reasonable in relation to the possible
direct or indirect effect that the secondary strike may have on the business of the primary
employer
(d) All of the above are CORRECT

(2) Which one of the following statements is CORRECT?

1 According to the Labour Relations Act 66 of 1995, educators are part of the broad civil
service.

2 The Labour Relations Act 66 of 1995 made provision for the establishment of an Education
Labour Relations Council (ELRC).

3 According to the Labour Relations Act 66 of 1995, educators may strike over unresolved
disputes about unfair disciplinary actions.

4 The procedures to be followed before a person may strike (as set out in the Labour
Relations Act 66 of 1995) are not applicable when a person wants to take part in a
secondary strike.

(3) Which one of the following statements is NOT CORRECT?

1 According to the Labour Relations Act 66 of 1995, consultation about retrenchments

should result in agreement on ways of avoiding retrenchments.

2 According to the Labour Relations Act 66 of 1995, consultation regarding retrenchments

should result in agreement on the method for selecting the employees to be retrenched.

3 According to the Labour Relations Act 66 of 1995, consultation regarding retrenchments

should result in agreement on ways to limit the harsh effects of retrenchments.

4 According to the Labour Relations Act 66 of 1995, an employer must pay a retrenched
employee severance pay equal to at least one-month’s pay for every completed year of
continuous service.

(4) Which ONE of the following is NOT one of the main branches of South African law?

1 Public law

2 Formal law

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3 Private law

4 Law of evidence

(5) Which of the following statements are CORRECT?

a Stare decisis refers to a summary of the facts of a case and the judgment.
b Ratio decidendi refers to the reason for a court judgment as indicated in the law
report.
c Stare decisis refers to the principle that a previous court judgment can influence a
later one.
d Ratio decidendi refers to the uncoded legal tradition as derived from Roman-Dutch
and English law.

1 (b) and (c) are correct.

2 (a) and (b) are correct.
3 (a) and (d) are correct.
4 (c) and (d) are correct.

(6) Which of the following statements is CORRECT?

1 Subordinate legislation is not adopted by the legislature but by authorities who derive
their law-making power from an enabling Act.
2 Subordinate legislation is legislation adopted by the provincial legislature.
3 Original legislation is adopted by Parliament, the provincial legislature and municipal
councils.
4 Parliament is the only legislature empowered to adopt original legislation.

1 (b) and (c) are correct.

2 (a) and (c) are correct.
3 (a) and (d) are correct.
4 (c) and (d) are correct.

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(7) A public school is a...

1 natural person without legal personality.

2 juristic person without legal capacity.

3 juristic person which participates in legal activities through its functionaries.

4 natural person with legal capacity.

(8) Which ONE of the following kinds of legislation is regarded as subordinate

legislation?

1 Parliamentary legislation.

2 Provincial proclamations and regulations.

3 The Constitution.

4 Legislation of the previous self-governing areas.

(9) Select the most appropriate option:

The difference between an Act and a regulation lies therein that...

1 an Act is promulgated by the legislature, while a regulation is issued by a minister.

2 an Act is published in the Government Gazette, but not a regulation.

3 an Act can be amended at any time, but not a regulation.

4 an Act, but not a regulation, is regarded as delegated legislation.

(10) Which ONE of the following statements is CORRECT? The term ethics refers,
among other things, to:

1 Conscious, willed action

2 A professional code of conduct

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3 All the three statements (The science of norms

4 Professional conduct

(11) Choose the most appropriate option:

In loco parentis implies inter alia that the educator...

1 receives delegated authority.

2 replaces the parent.

3 accepts the responsibility only for the intellectual development of the child.

4 can be regarded as the primary educator of the child.

(12) Which of the following conditions are provided for by means of the audi alteram
partem rule?

(i) A person who is accused or suspected of misbehaviour must be informed of the

accusations against him.

(ii) An accused must be given a reasonable opportunity to react to the accusations.

(iii) An accused may not be judge in his/her own case.

(iv) All the interested parties must be heard.

1 (i), (ii) and (iv).

2 (iii) and (iv).

3 (i), (ii) and (iii)

4 none of the above.

(13) Which ONE of the following statements is NOT CORRECT?

1 Common law is non-statutory law.

2 Legislation is interpreted against the background of the Constitution.

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3 Common law is enacted by Parliament.

4 Common law can be amended or repealed by legislation.

(14) Which statement about professional ethics is NOT CORRECT?

1 Professional ethics have to do with an imposed professional code of conduct.

2 To understand professional ethics the essential characteristics of a profession must be

taken into consideration.

3 Professional ethics differ from profession to profession.

4 Professional ethics refer to right and wrong practices regarding the practitioner of a
profession.

(15) Which one of the following functions is not applicable to an appropriate

professional code of conduct? An appropriate professional code of conduct...

1 protects both the practitioner and the public

2 replaces the personal accountability of everyone for his or her personal decisions and
actions

3 protects the good name of the profession as a whole

4 eliminates possible mutual exploitation and malpractice

(16) Ratio decidendi refers to...

1 a brief summary of the facts of the case and the judgment.

2 the reason for a court judgment as indicated in a law report.

3 the principle that a previous court judgment can influence a later one.

4 the uncoded legal tradition as derived from Roman-Dutch and English law.

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(17) Which one of the following statements is NOT CORRECT? An ethical leader...

1 has a vision which inspires and expresses the mission of social structure Professional
ethics
2 reveals valued-based thoughts, words and actions
3 should be a role model
4 is characterised by a lack of receptiveness for proposals of others

(18) The concept, collective orientation with regard to the teaching profession refers to...

1 specialised training
2 in-service training
3 unspoken knowledge
4 a service motive interwoven (and which forms a joint unity) with the devoted and
responsible actions of a practitioner of an occupation

(19) Which ONE of the following statements is NOT CORRECT?

1 The main purpose of the South African Schools Act 84 of 1996 is to provide a uniform
system for the organisation, governance and funding of schools.
2 In legal terms, the term person refers only to natural persons, that is, human beings.
3 A juristic person is a legal entity such as a school.
4 The South African Schools Act 84 0f 1996 provides for the establishment of
democratic school governance.

(20) Which one of the following statements is NOT CORRECT?

1 The teaching profession must develop its own professional pride, conscience and
consciousness. Educators as professional people
2 Consensus must be achieved among all educators about professionalisation actions.
3 The corporative image of the organised teaching profession should not receive centre
stage.
4 Educators' professional status has to do with the professional image that they reflect.

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(21) Which ONE of the following is NOT regarded as a duty or responsibility of an
educator towards a learner?

1 To serve as a mouthpiece for learners.

2 To evaluate and provide feedback on learners’ work.
3 To exhibit an ethic of concern.
4 To provide opportunity for the development of the abilities and talents of learners.

(22) The concept organised teaching profession refers inter alia to...

1 departmental control over the teaching profession.

2 the organising of strikes by educators.
3 the establishment of a national education department.
4 the organisation of activities relating to conditions of service as well as the
professional interests of educators.

(23) Which ONE of the following characteristics is NOT regarded as a

characteristic of a professional partnership?

A professional partnership...

1 is an agreement between autonomous partners.

2 is expressed in teamwork.
3 is about maintaining sovereignty in one’s own field.
4 reduce pressure because if one partner neglects to do his or her part, there
is still the other partner to accept responsibility.

(24) The power of the teaching profession lies in...

1 mass demonstrations and stay-aways.

2 the expertise of the professional practitioner and his/ or her willingness to make this
available to the community in a selfless manner.
3 a national education ministry and department of education.
4 trade unions and teacher associations.

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(25) Which ONE of the following statements is INCORRECT?

An ethical leader...

1 has a vision which inspires and expresses the mission of the social structure.
2 reveals valued-based thoughts, words and actions.
3 should be a role model.
4 is characterised by unresponsiveness to the proposals of other.

(26) Who are always the most important persons around whom everything revolves in
any teaching partnership?

1 The parents.
2 The learners.
3 The educators.
4 Members of the organised teaching profession.

(27) Which statement regarding appraisal of educators is NOT CORRECT?

1 The main objective of appraisal is to measure the development of educators.

2 Appraisal comprises interaction with appraisal panels.
3 Appraisal includes self-evaluation.
4 Appraisal does not include appraisal by a colleague.

(28) Which statement regarding professional ethics is NOT CORRECT?

1 Professional ethics have to do with an imposed professional code of conduct.

2 To understand professional ethics, the essential characteristics of a profession
must be taken into consideration.
3 Professional ethics differ from profession to profession.
4 Professional ethics refer to right and wrong practices about the teaching
profession.

35
(29) Which one of the following statements is CORRECT? The South African Council for
Educators (SACE)...
1 is a statutory body.
2 is not a statutory body.
3 has the power to appoint educators.
4 has members representing three stakeholders.

(30) Which ONE of the following criteria is NOT valid for the evaluation of teaching
as a true profession?

1 The service should be unique and essential.

2 Remuneration of the profession should enable the educator to maintain a high
standard of living.
3 A long period of specialised training is necessary.
4 A profession requires sustained research and in-service training.

(31) Which statement about the educator as an ethical leader is INCORRECT?

1 An ethical leader is expected to display value-based ideas, words and actions.

2 The educator as an ethical leader is a role model.
3 The vision of an educator as an ethical leader inspires and embodies the mission of
society.
4 Without responsible educators as ethical leaders a society has a generally
ethical vision and mission.

(32) Which statement is INCORRECT?

1 In 1998 the ELRC approved a management model for the appraisal of educators in
the work situation.
2 Appraisal has nothing to do with the annual appraisal for salary adjustments.
3 Educators have to analyse their performance in terms of goal achievement on a
continuous basis.
4 In practice only educators from different schools work together to find solutions
to problems in practice.
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(33) Which two main groups regarding the organised teaching profession
took the lead in the Harare debate on the establishment of a single, national
teachers’ organisation?

1 The Progressive and the Traditional Teachers’ Organisation.

2 The Upcoming and the Active Teachers’ Organisation.
3 The Progressive and the Upcoming Teachers’ Organisation.
4 The Established and the Traditional Teachers’ Organisation.

(34) What was/were the main discussion point(s) that featured during the Harare
debate?

1 The establishment of a single, national teachers’ organisation.

2 Control of work matters.
3 The structuring of a single, national teachers’ organisation.
4 1 and 3.

(35) Which of the following relate to the ethical principle of a profession?

1 Teleology.
2 Morality.
3 Factually based doctrine.
4 Instruction theory.

(36) Which statement is NOT an aim of a professional code of conduct?

1 A professional code of conduct impresses ethical behaviour upon the educator.

2 A professional code of conduct protects and promotes the rights and obligations of
members of the profession.
3 A professional code of conduct protects the good name of the profession.
4 A professional code of conduct is responsible for the training of educators.

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(37) The power of the teaching profession lies in...

1 mass demonstrations and stay-aways.

2 the expertise of the professional practitioner and his/her willingness to make this
available to the community in a selfless manner.
3 a national education ministry and department of education.
4 trade unions and teachers’ organisations.

(38) Which one of the following kinds of legislation is regarded as subordinate

legislation?

1 parliamentary legislation
2 provincial proclamations and regulations
3 the Constitution
4 legislation of the previous self-governing areas

(39) Which ONE of the following statements is INCORRECT?

1 All educators have to register with SACE before appointment to a teaching post.
2 SACE has the power to advise the minister on any relevant aspect.
3 SACE’s mission is to enhance the status of the teaching profession.
4 SACE is not involved in establishing committees.

(40) Which ONE of the following statements is CORRECT?

The South African Council for Educators (SACE)...

1 is a statutory body.
2 is not a statutory body.
3 have the power to appoint educators.
4 have 200 members representing four stakeholders.

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ASSIGNMENT 02 (SECOND SEMESTER)

ASSIGNMENT 02
Compulsory
Closing date: 23 August 2019
Unique Number : 740236

Choose ONE activity from Part A: The Education Law Environment, the
Constitution and Education Law in the South African Education System, and
Labour Legislation in Education and ONE activity from Part B: Professional
Ethics, Educators as Professional People, and the Organised Teaching Profession
of the Only study guide for EDA3058 as your assignment questions. Each
activity indicated with a PENCIL ICON will count as ONE assignment question.

The purpose of Assignment 02 is to encourage you to submit answers to those activities (in the
study guide) which you find difficult. In other words, you have been given the opportunity to get
feedback and obtain some guidance on the activities you find difficult. If you submit Assignment
02 it will be marked, but no marks will be allocated.

READ THE FOLLOWING SCENARIO AND ANSWER THE QUESTIONS THAT

FOLLOW.
The applicant, a teacher received the following letter from the Head: Education and Culture on
behalf of the Free State Provincial Government: “It has been decided in terms of s14 (2) of the
Educators Employment Act [138 of 1994]…… that you be suspended from duty, with pay with
immediate effect pending a departmental investigation into alleged misconduct on your part”

The applicant applied to the Supreme Court for an order, inter alia that she be allowed to
continue as a teacher in terms of her appointment. The issue before the court was whether the
letter was a valid notice of suspension in accordance with s14 (2) of the Act and in compliance
with s24 (c) of the Constitution.

39
(1) Was an administrative action performed and who was the administrator? Justify (5)

(2) Which elements of administrative justice were in question in this case? Explain (10)

(3) What is the importance of giving reasons for a decision for the charges against a
person and of furnishing reasons for a decision taken by the administrator in
charge? (5)
(4) Two requirements for a fair dismissal are stipulated in s188 of the Labour Relations Act 66 of
1995, namely that a dismissal is fair if
(a) There is a fair reason for dismissal and
(b) If the dismissal is done in accordance with a fair procedure

Discuss these requirements by indicating how a dismissal can be declared

reasonable and procedurally fair. (20)

(5) Briefly analyse the administrative justice clause to illustrate its comprehensive
nature. Please include examples at school level. (10)
Total: [50]

8.7 Other assessment methods

The only assessment methods used in this module are assignments and examinations.

8.8 The examination

8.8.1. Examination admission

The Department of Education requires the university to prove that a student was active during
the period of tuition before the student will be subsidised by the Department of Education.
Senate has approved that the submission of a compulsory assignment will be used to prove
activity and that students will be admitted to the examination by submitting the assignment.
Examination admission is solely dependent on submission of Assignment 01 irrespective
of the mark you obtain and whether you have passed or failed. However, should you fail this
assignment it will influence your semester mark.

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During this semester, you will be assessed on your assignment 1, which count for 20% of your
final mark, and on the examination, which counts for 80% of your final mark. As explained
above you need to qualify to write the examination, as there is no automatic admission.

To qualify, you MUST submit Assignment 01, for which you will be awarded a mark. Assignment
01 is therefore compulsory, and it must be submitted before the closing date. We are aware that
this closing date is early in the semester, but please note that this assignment does not take a
great deal of time to complete.

We emphasise the point again: if you do not submit Assignment 01 on time, you will not
be permitted to sit for the examination.

8.8.2. How will this work in practice?

 The examination for EDA3058 will take the form of a two-hour paper which will be written
at the end of the semester. You will be notified by the Examination Department of the date,
time and venue of your examination.

 You also must build a semester mark through the submission of THREE assignments. To
do this, you must submit BOTH assignment ONEs and TWO. The university will aggregate
your best two assignments that will contribute 20% of your final mark. The examination
will count for the remaining 80% of your final mark for this module.

Permission for the late submission of assignments will only be granted in extreme cases
where a medical certificate or other relevant documents are presented.

Because of the importance of assignments, we advise you to make a copy of all your completed
assignments before you submit them and retain these copies in case there are any queries.

Make sure that your name, address, student number, module code and the number
of the assignment, appear on the cover and at the top of every page of your answer.

41
8.8.3. Examination period

This module is offered in a semester period of fifteen weeks. This means that if you are
registered for the first semester, you will write the examination in May/ June 2019 and the
supplementary examination will be written in October/ November 2019. If you are registered for
the second semester you will write the examination in October/November 2019 and the
supplementary examination will be written in May/ June 2020.

The Examination Section will provide you with information regarding the examination in general,
examination venues, examination dates and examination times.

8.8.4. Previous examination papers

Previous examination papers are available to students. We advise you, however, not to focus
on old examination papers only as the content of modules and therefore examination papers
changes from year to year. You may, however, accept that the type of questions that will be
asked in the examination will be like those asked in the activities in your study guide and in the
assignments.

8.8.5. Tutorial letter with information on the examination

To help you in your preparation for the examination, you will receive a tutorial letter that will
explain the format of the examination paper, give you examples of questions that you may
expect and set out clearly what material you must study for examination purposes.

8.8.6. The examination and your final mark

The examination will be marked out of 100 and then a calculation made so that it represents
80% of your final mark. The result is therefore weighted in favour of the examination which is
critical to your success in this module. After the examination has been marked and the result
finalized, your examination result and your semester mark will be combined; your final mark will
be calculated. The final mark is the result that will be released to you by the University.

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In terms of Unisa’s Assessment Policy, a subminimum of 40% in the written component(s) of

the examination is required. A student's final mark is a combination of the year mark and the
examination mark, BUT if a student does not obtain the required subminimum of 40% in the
examination, the year mark does not count.

In such instance the final mark is the mark obtained in the examination. If your year mark is
100% but you obtain 37% in the examination, your final mark will be 37%. Should you obtain
40% or more in the examination, the year mark will contribute 20% and the examination mark
80% to your final mark. This means that if you have a year mark of 18 out of 20 and obtain 50%
in the examination, your final mark will be 18 + 40 = 58% (NOT 68%).

A pass mark for this module is 50%, and a distinction mark is 75%.

9 FREQUENTLY ASKED QUESTIONS

The Study @ Unisa brochure contains an A-Z guide of the most relevant information.

Frequently asked questions in this module (EDA3058) are:

Question: I need extension of time for my assignment.

Answer: It is not possible to give more than one-week extension of time. No extension of
time can be granted for multiple choice assignments.

Question: I can’t get hold of copies of specific Acts.

Answer: Acts are bound in the Butterworths volumes of statutes in the Unisa law library (and
other law libraries) but are reference works and cannot be borrowed by students.
Your school or district offices should also have sets of education legislation.

Question: I do not have access to education legislation and want to order my own copies.

43
Answer: You should inquire from the Government Printer at the following address:

The Government Printer Tel: 012 334 4508/09/10

(Publication Section) Fax: 012 323 9574
Private Bag X 85

Question: I do not have Internet access.

Answer: You can access the Internet at all Unisa Regional Offices.

10 SOURCES CONSULTED

Coetzee S, Marais M & Bray W. 2008. Education Law and Professional Ethics, EDA3058 study
guide. Pretoria: University of South Africa.

11 IN CLOSING

Please feel free to contact the following lecturers should you encounter any problems or even if
you just want to talk about your study in particular.

Best wishes.

Regards
Mr SJ Rapeta
AJH Van der Walt Building room 7-20
E-mail address: [email protected]
Tel number: 012 429 6848

Prof. J Nyoni
E-mail address: [email protected]
Cell number: 084 688 6226

Dr. R I Lumadi
AJH Van der Walt Building room 6-105
E-mail address: [email protected]
Tel number: 012 429 6848

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 EDA3058/101/3/2019

12

UNIVERSITY OF SOUTH AFRICA

COLLEGE OF EDUCATION
DEPARTMENT OF LEADERSHIP AND MANAGEMENT

DEMARCATION OR “SCOPING” FOR EXAMINATIONS AND ASSESSMENTS

NB: In line with policy as determined by Senate, lecturers may not demarcate or “scope”
specific work for examination purposes. Examination questions should be based on all the work
covering the notional hours of modules. Lecturers should encourage students to learn
everything. In cases where competencies or skills are assessed differently during the tuition
period, the lecturer in Tutorial Letter 201 will spell out the various methods of assessment
clearly.

According to Assessment Procedure Manual 2013, paragraph 4.5.2(e), the examination

memoranda (guidelines, rubrics, and so on) shall not be made available to students.

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