Education Law and Policy Week 1

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Questions and Answers

What is the supreme law of the Republic of South Africa?

The National Assembly

The Bill of Rights

The Rule of Law

The Constitution (correct)

What is the principle that governs the relationship between the different spheres of government?

Co-operative governance (correct)

Separation of powers

Administrative justice

Federalism

Which branch of government is responsible for executing the law and translating it into action?

Administrative branch

Executive branch (correct)

Judicial branch

Legislative branch

What is the principle that ensures that one branch of government does not dominate the others?

Separation of powers Signup and view all the answers

How many spheres of government are there in the Republic of South Africa?

3 Signup and view all the answers

What is the role of the Judicial branch of government?

To resolve disputes concerning the application of laws Signup and view all the answers

What is a policy in the context of government?

A management instruction outlining goals and methods Signup and view all the answers

What is the purpose of regulations?

To deal with implementation and be binding Signup and view all the answers

What is the main difference between a policy and a regulation?

A policy outlines goals while a regulation deals with implementation Signup and view all the answers

What is the purpose of the Promotion of Administrative Justice Act 3 of 2000?

To promote just administrative action Signup and view all the answers

What is the principle of lawfulness in administrative justice?

Is there a rule? Signup and view all the answers

What is the purpose of Section 33(1) of the Constitution?

To ensure everyone has the right to lawful administrative action Signup and view all the answers

What is a circular in the context of government?

An employer directive or instruction to DBE officials Signup and view all the answers

What is the relationship between national and provincial laws?

National laws are implemented through provincial laws Signup and view all the answers

What is the main purpose of the legislature in South Africa?

To pass laws Signup and view all the answers

What is the highest authority in the South African government system?

The Constitution Signup and view all the answers

What is the main difference between national and provincial legislation?

National legislation applies to the entire country, while provincial legislation applies to a specific province Signup and view all the answers

What is the purpose of the South African Schools Act 84 of 1996?

To provide a framework for education in South Africa Signup and view all the answers

What is the role of the MEC in the provincial administration?

To head the Department of Education Signup and view all the answers

What is the definition of laws in the context of the South African government system?

Laws are standards, procedures, and principles that must be followed Signup and view all the answers

What right do workers have according to the given text?

To form and join a trade union, participate in the activities and programmes of a trade union, and to strike Signup and view all the answers

What are the two rights of a child according to section 28?

Right to a name and nationality, and to family care or parental care Signup and view all the answers

What is the paramount consideration in matters concerning a child?

A child's best interests Signup and view all the answers

What right do all people have according to section 29(1)?

To a basic education and further education Signup and view all the answers

What must the state make progressively available and accessible?

Further education and basic education Signup and view all the answers

What conditions must independent educational institutions meet?

They must not discriminate on the basis of race and must maintain standards not inferior to those at comparable public educational institutions Signup and view all the answers

What is the right that includes freedom of the press, freedom to receive or impart information, and academic freedom?

Right to Freedom of Expression Signup and view all the answers

What is the consequence of the Freedom of Religion South Africa v M.of Justice and Constitutional Development and Others (2019) case?

Declaring the common law defence of reasonable or moderate parental chastisement as unconstitutional Signup and view all the answers

What is the right that ensures everyone has the right to fair labour practices?

Right to Labour Relations Signup and view all the answers

What is the right that prohibits unfair discrimination, unless proven to be fair?

Right to Non-Discrimination Signup and view all the answers

What is the requirement for religious observances in state or state-aided institutions?

They must follow rules made by the appropriate public authorities Signup and view all the answers

What is the aspect of the Right to Human Dignity that is protected by the Constitution?

Right to have one's dignity respected and protected Signup and view all the answers

What is the main category of human rights that includes freedom of expression, association, and assembly?

First-generation rights Signup and view all the answers

Which of the following rights is specifically mentioned as a second-generation right?

Right to access to healthcare Signup and view all the answers

What is the purpose of legislative measures designed to protect or advance persons or categories of persons disadvantaged by unfair discrimination?

To promote the achievement of equality Signup and view all the answers

What is the right that is specifically mentioned as a third-generation right?

Right to environment Signup and view all the answers

What is the right that is considered essential for the development of children?

Right to education Signup and view all the answers

Which of the following is a ground for unfair discrimination?

All of the above Signup and view all the answers

What is the section of the Constitution that recognizes the right to equality?

Section 9 Signup and view all the answers

What is the main purpose of the right to equality?

To ensure the full and equal enjoyment of all rights and freedoms Signup and view all the answers

Study Notes

Regulatory Framework and Government Structures

South Africa is a democratic state governed by the rule of law.
The Constitution is the supreme law of the Republic, and any law or conduct inconsistent with it is invalid.
The Republic is divided into three spheres of government: national, provincial, and local.
These spheres are distinctive, interdependent, and interrelated, and must co-operate with each other in mutual trust and good faith.

The 3 Branches of Government

The Legislative Branch is responsible for passing laws.
The Executive Branch is responsible for executing laws and translating them into action.
The Judicial Branch is responsible for resolving disputes concerning how laws are applied.

Separation of Powers

The Constitution mandates the separation of powers between the three branches of government.

Regulatory Framework

The Legislature (Parliament and provincial legislatures) passes laws.
The Constitution remains supreme.
Important national education laws include the South African Schools Act, Employment of Educators Act, South African Council for Educators Act, and National Education Policy Act.
Other legislation with implications for education/children includes the Children's Act and the Criminal Procedure Act.

Provincial Legislation

Examples of provincial legislation include the Gauteng School Education Act, Gauteng Education Laws Amendment Act, and Gauteng Education Policy Act.

Laws, Regulations, and Policies

Laws set out standards, procedures, and principles that must be followed, and non-compliance is an offence.
Regulations/Norms and Standards are subordinate legislation made by the Minister (national) or MEC (provincial) in terms of legislation.
Policies are made by either the Minister (national) or MEC (provincial) and outline goals, methods, and principles to achieve them.

School Policies and Circulars

School policies are made by School Governing Bodies under the authority of national legislation and deal with the implementation of broader law or policy.
Circulars are employer directives or instructions to DBE officials (National & Provincial).

Administrative Justice

Everyone has the right to administrative action that is lawful, reasonable, and procedurally fair.
The Promotion of Administrative Justice Act 3 of 2000 promotes administrative justice.
Just administrative action has three legal principles: lawfulness, reasonableness, and procedural fairness.

Labour Rights

Every worker has the right to form and join a trade union, participate in trade union activities, and strike
Teachers have the right to strike

Children's Rights

Every child has the right to a name and nationality from birth
Children have the right to family care or alternative care, basic nutrition, shelter, health care, and social services
The best interests of the child are of paramount importance in every matter concerning the child
A child is a person under 18 years of age

Right to Education

Everyone has the right to a basic education, including adult basic education
The state must make further education progressively available and accessible
Everyone has the right to receive education in the official language or languages of their choice in public educational institutions
Independent educational institutions can be established, but they must not discriminate and must maintain standards not inferior to public institutions

Human Dignity

Everyone has inherent dignity and the right to have their dignity respected and protected
Corporal punishment is not allowed

Freedom of Religion, Belief, and Opinion

Everyone has the right to freedom of conscience, religion, thought, belief, and opinion
Religious observances can be conducted at state or state-aided institutions, but must follow rules and be equitable and voluntary

Freedom of Expression

Everyone has the right to freedom of expression, including freedom of the press, receiving or imparting information, artistic creativity, and academic freedom
The right to freedom of expression does not extend to propaganda for war, incitement of imminent violence, or advocacy of hatred based on race, ethnicity, gender, or religion

Labour Practices

Everyone has the right to fair labour practices

Generations of Rights

Human rights fall into three generations: civil and political rights (first-generation), social and economic rights (second-generation), and environmental and cultural rights (third-generation)
South Africa is one of few countries to entrench second-generation rights, including access to food, water, housing, healthcare, and social security

Right to Equality

Everyone is equal before the law and has the right to equal protection and benefit of the law
Equality includes the full and equal enjoyment of all rights and freedoms
The state may take measures to protect or advance disadvantaged persons or categories of persons
Unfair discrimination is prohibited on grounds including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, and birth

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Description

This quiz covers the basic concepts of regulatory framework and government structures in education law and policy, including the supremacy of the constitution, spheres and branches of government, and administrative justice.