Tutorial Letter 101 2014 - EDA3058
Tutorial Letter 101 2014 - EDA3058
Tutorial Letter 101 2014 - EDA3058
EDA3058
Semesters 1 & 2
IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.
CONTENTS
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EDA3058/101
Dear Student
Welcome to the module Education Law and Professional Ethics. We sincerely hope that you will find this
module meaningful 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 a number of tutorial letters during the semester. A tutorial letter
is our way of communicating with you about 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 particular 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 with regard to 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!
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 with regard to 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.
This is a semester (half-year) module which means that it is offered twice this year.
Semester 1 from January to June
Semester 2 from July to November
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.
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3. Lecturer and contact details
PLEASE NOTE: Letters to lecturers may not be enclosed with or inserted into assignments.
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.
Dr CF Steinmann
AJH Van der Walt Building 7-28
E-mail address: steincf@unisa.ac.za
Tel: 012 429 6961
Fax: 0866421644
E-mail and telephone numbers are included above but you might also want to write to us. Letters should
be sent to:
Dr CF Steinmann (EDA3058)
Department of Educational Leadership and Management
PO Box 392
UNISA
0003
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.
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.
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At the time of registration, you will receive an inventory letter that will tell you what you have received in
your study package and also show items that are still outstanding. Also see the booklet entitled
my Studies @ Unisa.
Check the study material that you have received against the inventory letter. You should have received
all the items listed in the inventory, unless there is a statement like out of stock or not available. If any
item is missing, follow the instructions on the back of the inventory letter without delay.
The Department of Despatch should supply you with the following study material for this module:
Only study guide for EDA3058: Education Law and Professional Ethics
Tutorial Letters 101 and 301 for 2014.
The study guide for this module is not only a guide to assist you in your study of the syllabus; it is also
your textbook. If you work through the study guide systematically and according to a set timetable, you
will have no difficulty in mastering the subject matter or answering the assignments in the allotted time.
Apart from tutorial letters 101 and 301, you will also receive other tutorial letters during the semester.
These tutorial letters will not necessarily be available at the time of registration. Tutorial letters will be
despatched to you as soon as they are available or needed (for instance, for feedback on assignments).
If you have access to the Internet, you can view the study guides and tutorial letters for the modules for
which you are registered on the Universitys online campus, myUnisa, at http://my.unisa.ac.za
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.
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. Jutas 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 educators guide to effective
classroom management. Pretoria: Van Schaik.
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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. 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:
You do not have to buy any of the legislation mentioned. The study
NB guide and tutorial letters are the only compulsory study material.
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For information on the various student support systems and services available at Unisa (e.g. student
counseling, tutorial classes, language support), please consult the publication my Studies @ Unisa that
you received with your study material.
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:
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
my Studies @ 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. For details of a learning centre near you, please consult the
publication my Studies @ Unisa.
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:
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 enroll for tutorials. For further
information on tutorials consult the brochure my Studies @ Unisa.
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5.1.4 Videoconferencing
Unisa is currently providing tutorials by means of videoconferencing at some of its learning centres. This
mode of delivery will be used as and when necessary. Videoconferencing is used to:
Provide live tutorial support for learners who live in remote areas.
It is a more viable technology for providing quality support while reducing costs.
There is no significant difference in the results gained by distance learners than those who have been
taught in a traditional face-to-face environment. (The Worldwide Classroom, Fiona Perrin, Summer 1988,
p.7.)
The brochure my Studies @ 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 have to 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 2014:
Period Activity
Familiarise yourself with the study material by scanning through the study
Semester 1: January guide.
Semester 2: July
Study the prescribed reading for Assignment 01. This assignment is
Semester 1: February compulsory. No extension can be granted for this assignment and late
assignments will not be marked. This assignment allows you to sit for the
Semester 2: August examination. 20% contribution towards year mark. 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 3 March.
Semester 2: Do and submit Assignment 01 before or on 4 August.
Start working on Assignment 02. The purpose of this assignment is to take
Semester 1: March you systematically through the study guide. Read the whole study guide
dont 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.
Do and submit Assignment 02. I suggest that you contact your fellow
Semester 1: April students via myUnisa and compare and discuss your answers.
Semester 2: October
Prepare for and write the examination.
Semester 1: May
Semester 2: November
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7. Assessments
Assignments are seen as 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.
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
Semester 1:
Semester 2:
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 unacceptable
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
penalised or subjected to disciplinary proceedings by the University.
For general information and requirements as far as assignments are concerned, see the brochure
my Studies @ Unisa which you received with your study material.
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7.5 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 also 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.
During this semester, you will be assessed on your Assignment 01, which counts 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. In order 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.
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 assignments. To do this, you must
submit Assignment 01. The mark obtained in Assignment 01 will comprise 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 also the number of the
assignment, appear on the cover and at the top of every page of your answer.
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 2014 and the supplementary examination will
be written in October/November 2014. If you are registered for the second semester you will write the
examination in October/November 2014 and the supplementary examination will be written in May/June
2015.
The Examination Section will provide you with information regarding the examination in general,
examination venues, examination dates and examination times.
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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
similar to those asked in the activities in your study guide and in the assignments.
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 have to study for examination purposes.
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 finalised, 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.
In terms of Unisas 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%.
The brochure my Studies @ Unisa contains an A-Z guide of the most relevant information.
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.
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.
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Answer: You should inquire from the Government Printer at the following address:
Answer: You can access the Internet at all Unisa Regional Offices.
9. Conclusion
Please feel free to contact me if you encounter any problems or even if you just want to talk about the
work.
Regards
Dr Chris Steinmann
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ASSIGNMENT 01
Compulsory
Closing date: 3 March 2014
Multiple-choice questions
Unique number: 234757
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 my Studies @ 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
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Each question has only ONE correct answer.
1 Law is a social code of conduct which consists of statutory laws with which society must
comply.
2 Education law consists of the components of the Constitution and legislation that create the
education system and regulate the multilateral interaction of individuals, groups, independent
bodies and official authorities within that system.
3 The main branches of South African law are public law, private law and formal law.
4 Public law is aimed at public interests and orders the horizontal relationship between the state
and the individual.
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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a A delict is an unlawful act by means of which one person violates the rights of another person.
b Formal law contains the rules that describe the procedures according to which material law
can be enforced.
c Common law focuses on transgressions that violate the interests of the community.
d Courts can judge cases according to principles and societal rules and norms which are not
recorded in legislation.
a Stare decisis refers to a brief 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.
a Subordinate legislation is not adopted by the legislature but by authorities who derive their
lawmaking 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.
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1 (b) and (c) are correct.
2 (a) and (c) are correct.
3 (a) and (d) are correct.
4 (c) and (d) are correct.
1 The standard used to determine whether an educator was negligent is the standard of the
concerned parent because educators act in loco parentis.
2 The standard used to determine whether an educator was negligent is the diligens
paterfamilias standard.
3 The standard used to determine whether an educator was negligent is the standard of the
reasonable educator.
4 The standard of care used to determine whether a principal was negligent is the standard of
the reasonable educator.
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1 The governing body was the prosecutor in the Antonie v Governing Body, Settlers High School
2002 (4) SA 739 (C) case.
2 The governing body was the appellant in the Antonie v Governing Body, Settlers High School
2002 (4) SA 739 (C) case.
3 Antonie was the applicant in the Antonie v Governing Body, Settlers High School 2002 (4) SA
739 (C) case.
4 Antonie was the respondent in the Antonie v Governing Body, Settlers High School 2002 (4)
SA 739 (C) case.
The fact that there is a fiduciary relationship between the school and the governing body, means that
the governing body
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.
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(13) Which ONE of the following statements is CORRECT?
1 The Schools Act (s 6) provides that the parents must decide which language should be used
for teaching and learning in a school.
2 The Schools Act (s 6) provides that the governing body must decide which language should
be used for teaching and learning in a school.
3 In terms of the Schools Act (s 7) religious observances may be conducted at public schools
under the rules issued by the HoD.
4 Attendance of religious observances is compulsory for staff but attendance by learners should
be free and voluntary.
(15) Which of the following practices will constitute an initiation practice in terms of the Schools
Act?
a any act where the process of initiation endangers the mental health of a person
b any act where the process of admission impedes the development of a true democratic culture
c any condition set for continued membership of a interschool team which undermines the
fundamental rights and Constitutional values
d any act where the process of initiation destroys private property
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1 an action can only constitute a strike if it consists of the complete refusal of the employees to
work.
2 an employee strikes if he or she refuses to work because he or she is unhappy with his or her
working conditions.
3 the retardation of work by an employee constitutes a strike.
4 the obstruction of work by a group of employees constitutes a strike.
(19) In terms of the Employment of Educators Act 76 of 1998 an educator must be dismissed if he
or she is
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1 (b) and (d)
2 (a) and (b)
3 (b), (c) and (d)
4 All of the above
1 According to the Labour Relations Act 66 of 1995, educators are considered to be 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 weeks pay for every completed year of
continuous service.
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.
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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).
1 fine the educator with a fine not exceeding one months salary.
2 transfer the educator to another post if the presence of the educator may jeopardise the
investigation.
3 suspend the educator on full pay for a maximum period of three months.
4 suspend the educator without pay for a period not exceeding three months.
(25) SACE is a public body as defined in the Act and is governed by the provisions of the
(26) Which ONE of the following statements is NOT APPLICABLE TO an appropriate professional
code of conduct?
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(27) 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.
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 SACEs mission is to enhance the status of the teaching profession.
4 SACE is not involved in establishing committees.
(29) Which ONE of the following criteria is NOT valid for the evaluation of teaching as a true
profession?
1 Being a learning mediator, the educator must mediate learning in a manner which 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.
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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.
1 The educator has to 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
which 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) The educator must be critical and committed, always act ethically, develop a sense of respect,
promote democratic values, and foster supportive relationships with key persons and parents. An
educator who meets these requirements can fulfil his or her (CHOOSE THE CORRECT ONE.)
1 The policy (Government Gazette or 4 February, Vol 415 no 20844:13) describes the seven roles
of the educator, in other words the set of norms and standards for the development of educators.
2 Norms are the applied competencies and standards are the qualifications that educators
should have.
3 The document in the Government Gazette establishes the key strategic objectives for the
development of learning programmes, qualifications and standards for educators.
4 The list of roles and their associated competencies are meant to serve as a checklist against
which one assesses whether a person is competent or not.
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(35) Which of the following is MOST 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.
3 scholar, researcher and lifelong learner.
4 subject specialist.
1 The educator must be well grounded in the knowledge, skills, values, principles and procedures
relevant to the discipline, subject, learning areas and phase of study.
2 The educator must be well grounded in the knowledge, skills and values of the discipline.
3 The educator must be well grounded in the knowledge, skills, values, principles and phase of
study.
4 The educator must be well grounded in the knowledge, skills, values, attitudes and the phase of
study.
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 educators principles and norms direct all his or her actions.
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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.
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.
ASSIGNMENT 02
Compulsory
Closing date: 24 March 2014
Unique number: 235168
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 particular 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.
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APPENDIX B: SECOND SEMESTER COMPULSORY ASSIGNMENTS
ASSIGNMENT 01
Compulsory
Closing date: 4 August 2014
Multiple-choice questions
Unique number: 237414
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 my Studies @ 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
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EDA3058/101
1 Law is a social code of conduct which consists of statutory laws with which society must
comply.
2 Education law consists of the components of the Constitution and legislation that create the
education system and regulate the multilateral interaction of individuals, groups, independent
bodies and official authorities within that system.
3 The main branches of South African law are public law, private law and formal law.
4 Public law is aimed at public interests and orders the horizontal relationship between the state
and the individual.
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) Which of the following statements is/are CORRECT?
a A delict is an unlawful act by means of which one person violates the rights of another person.
b Formal law contains the rules that describe the procedures according to which material law
can be enforced.
c Common law focuses on transgressions that violate the interests of the community.
d Courts can judge cases according to principles and societal rules and norms which are not
recorded in legislation.
a Stare decisis refers to a brief 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.
a Subordinate legislation is not adopted by the legislature but by authorities who derive their
lawmaking 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.
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1 The standard used to determine whether an educator was negligent is the standard of the
concerned parent because educators act in loco parentis.
2 The standard used to determine whether an educator was negligent is the diligens
paterfamilias standard.
3 The standard used to determine whether an educator was negligent is the standard of the
reasonable educator.
4 The standard of care used to determine whether a principal was negligent is the standard of
the reasonable educator.
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(10) Which ONE of the following statements is CORRECT?
1 The governing body was the prosecutor in the Antonie v Governing Body, Settlers High School
2002 (4) SA 739 (C) case.
2 The governing body was the appellant in the Antonie v Governing Body, Settlers High School
2002 (4) SA 739 (C) case.
3 Antonie was the applicant in the Antonie v Governing Body, Settlers High School 2002 (4) SA
739 (C) case.
4 Antonie was the respondent in the Antonie v Governing Body, Settlers High School 2002 (4)
SA 739 (C) case.
The fact that there is a fiduciary relationship between the school and the governing body, means that
the governing body
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.
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EDA3058/101
1 The Schools Act (s 6) provides that the parents must decide which language should be used
for teaching and learning in a school.
2 The Schools Act (s 6) provides that the governing body must decide which language should
be used for teaching and learning in a school.
3 In terms of the Schools Act (s 7) religious observances may be conducted at public schools
under the rules issued by the HoD.
4 Attendance of religious observances is compulsory for staff but attendance by learners should
be free and voluntary.
(15) Which of the following practices will constitute an initiation practice in terms of the Schools
Act?
a any act where the process of initiation endangers the mental health of a person
b any act where the process of admission impedes the development of a true democratic culture
c any condition set for continued membership of a interschool team which undermines the
fundamental rights and Constitutional values
d any act where the process of initiation destroys private property
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(16) Which ONE of the following statements is INCORRECT?
1 an action can only constitute a strike if it consists of the complete refusal of the employees to
work.
2 an employee strikes if he or she refuses to work because he or she is unhappy with his or her
working conditions.
3 the retardation of work by an employee constitutes a strike.
4 the obstruction of work by a group of employees constitutes a strike.
(19) In terms of the Employment of Educators Act 76 of 1998 an educator must be dismissed if he
or she is
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EDA3058/101
1 According to the Labour Relations Act 66 of 1995, educators are considered to be 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 weeks pay for every completed year of
continuous service.
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.
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).
1 fine the educator with a fine not exceeding one months salary.
2 transfer the educator to another post if the presence of the educator may jeopardise the
investigation.
3 suspend the educator on full pay for a maximum period of three months.
4 suspend the educator without pay for a period not exceeding three months.
(25) SACE is a public body as defined in the Act and is governed by the provisions of the
(26) Which ONE of the following statements is NOT APPLICABLE TO an appropriate professional
code of conduct?
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1 is a statutory body.
2 is not a statutory body.
3 has the power to appoint educators.
4 has members representing three stakeholders.
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 SACEs mission is to enhance the status of the teaching profession.
4 SACE is not involved in establishing committees.
(29) Which ONE of the following criteria is NOT valid for the evaluation of teaching as a true
profession?
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(31) Which one of the following is INCORRECT?
1 Being a learning mediator, the educator must mediate learning in a manner which 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.
1 The educator has to 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
which 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) The educator must be critical and committed, always act ethically, develop a sense of respect,
promote democratic values, and foster supportive relationships with key persons and parents. An
educator who meets these requirements can fulfil his or her (CHOOSE THE CORRECT ONE.)
1 The policy (Government Gazette or 4 February, Vol 415 no 20844:13) describes the seven roles
of the educator, in other words the set of norms and standards for the development of educators.
2 Norms are the applied competencies and standards are the qualifications that educators
should have.
3 The document in the Government Gazette establishes the key strategic objectives for the
development of learning programmes, qualifications and standards for educators.
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EDA3058/101
4 The list of roles and their associated competencies are meant to serve as a checklist against
which one assesses whether a person is competent or not.
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.
3 scholar, researcher and lifelong learner.
4 subject specialist.
1 The educator must be well grounded in the knowledge, skills, values, principles and procedures
relevant to the discipline, subject, learning areas and phase of study.
2 The educator must be well grounded in the knowledge, skills and values of the discipline.
3 The educator must be well grounded in the knowledge, skills, values, principles and phase of
study.
4 The educator must be well grounded in the knowledge, skills, values, attitudes and the phase of
study.
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.
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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 educators principles and norms direct all his or her actions.
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.
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.
ASSIGNMENT 02
Compulsory
Closing date: 25 August 2014
Unique number: 237525
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 particular 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.
UNISA
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