INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW

Peter and James were members of the Zu-Zu gang, a cultural gang which is very violent and active in their region. The gang decided that members should wear buttons with the gang emblem at all times. Peter and James decided to wear their buttons to school. When the educator saw that, he explained to them that he was afraid it would cause disruption in the classroom. They invoked the recognition of their constitutional rights as a reason (motivation) for their right to wear the buttons and refused to take them off. They were then sent to the
principal.

1 Identify the two disciplines of law, which would have a direct bearing on the incident discussed in the above scenario.

2 On which constitutional rights could Peter and James base their argument?
Substantiate your answer. Refer to at least two rights.

3 Answer the following question after you have studied the limitation clause (S 36): Was the educator's limitation of these rights reasonable and justifiable? Substantiate your answer.

4 Briefly explain what charges may be laid against an educator who exceeds his or her disciplinary authority according to private law and criminal law

5 Mention FOUR factors, which should be taken into account when arranging detention for a learner.

6 Explain the concept of diligens paterfamilias