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EDLHODM/101/3/2015

Tutorial letter 101/3/2015


The Educator as Leader, Manager
and Administrator
EDLHODM
Semesters 1 & 2
Department of Educational
Leadership and Management

IMPORTANT INFORMATION:
This tutorial letter contains important information
about your module.

CONTENTS
Page
1

INTRODUCTION .......................................................................................................................... 3

PURPOSE OF AND OUTCOMES FOR THE MODULE .............................................................. 3

2.1

Purpose ........................................................................................................................................ 3

2.2

Outcomes ..................................................................................................................................... 3

LECTURER(S) AND CONTACT DETAILS .................................................................................. 4

3.1

Lecturer(s) .................................................................................................................................... 4

3.2

Department ................................................................................................................................... 4

3.3

University ...................................................................................................................................... 5

MODULE-RELATED RESOURCES ............................................................................................. 5

4.1

Prescribed books .......................................................................................................................... 5

4.2

Recommended books ................................................................................................................... 5

4.3

Electronic Reserves (e-Reserves) ................................................................................................ 7

STUDENT SUPPORT SERVICES FOR THE MODULE ............................................................... 7

MODULE-SPECIFIC STUDY PLAN ............................................................................................. 7

MODULE PRACTICAL WORK AND WORK-INTEGRATED LEARNING .................................... 7

ASSESSMENT ............................................................................................................................. 7

8.1

Assessment plan .......................................................................................................................... 7

8.2

General assignment numbers ....................................................................................................... 8

8.2.1

Unique assignment numbers ........................................................................................................ 8

8.2.2

Due dates for assignments ........................................................................................................... 8

8.3

Submission of assignments .......................................................................................................... 9

8.4

Assignments ................................................................................................................................. 9

OTHER ASSESSMENT METHODS ........................................................................................... 25

10

EXAMINATION .......................................................................................................................... 25

11

FREQUENTLY ASKED QUESTIONS ........................................................................................ 26

12

SOURCES CONSULTED ........................................................................................................... 26

13

CONCLUSION ........................................................................................................................... 26

14

ADDENDUM............................................................................................................................... 26

EDLHODM/101

INTRODUCTION

Dear Student

Welcome to the module: The teacher as leader, manager and administrator. We hope that
you find it both interesting and rewarding. We will 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 if you resolve to do the assignments properly.
You will receive a number of tutorial letters during the year. A tutorial letter is our way of
communicating with you about teaching, learning and assessment.
This tutorial letter contains important information about the study schedule, 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 assignments, preparing for the
examination and addressing questions to your lecturers.
Please read Tutorial letter 301 in combination with this tutorial letter, because Tutorial
Letter 301 contains important information about studying at a distance and within a
particular college.
In this tutorial letter (Tutorial Letter 101), you will find the assignments, assessment criteria
and instructions on the preparation and submission of assignments. This tutorial letter also
provides you with all the information you need about the prescribed study material and other
resources it also tells you how to obtain these resources. 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 you must read them carefully. This is
because tutorial letters always contain important and, sometimes, urgent information.
We hope that you enjoy this module and we wish you success in your studies!

PURPOSE OF AND OUTCOMES FOR THE MODULE

2.1

Purpose

The purpose of the module is to provide you with the leadership, administrative and
management skills, knowledge and attitudes you need to create and maintain conditions in
classrooms in which effective teaching and learning can take place within the context of
relevant educational law.
2.2

Outcomes

The outcomes of this module are as follows:

The student understands different classroom management/leadership styles and


related matters, and can reflect on and review his or her own classroom
management/leadership.
3

The student can create and maintain a positive classroom atmosphere.

The student can contribute to the realisation of a just classroom environment based
on democratic values and principles.

The student can discuss and apply the legal provisions that regulate the
management of learners.

In the educational law section of this module you will be provided with the knowledge, skills
and attitudes you need to be cognisant of your professional role, rights and responsibilities,
and to enable you to function as a professional person in terms of the education law
environment, labour relations in education, and various education partnerships.

LECTURER(S) AND CONTACT DETAILS

3.1

Lecturer(s)

The lecturers responsible for this module are as follows:


Prof EJ Van Niekerk Classroom Management section
AJH Van Der Walt Building, Room 6-71
vniekej@unisa.ac.za
012 429 6992
Dr PR Machaisa Education Law section (ModuleCoordinator)
AJH Van Der Walt Building, Room 6-83
machapr@unisa.ac.za
012 429 4560
Other lecturers involved in this module will be announced in a tutorial letter early in 2015 .
3.2

Department

All queries about the content of this module (ie not administrative queries) should
be directed to us. Please have your study material with you when you contact us. E-mail
and telephone numbers are included above, but you are also welcome to write to us.
Letters should be sent to:
The Module Coordinator (EDLHODM)
Department of Educational Management and Leadership
PO Box 392
Unisa
0003

EDLHODM/101

PLEASE NOTE: Do not enclose letters to lecturers with your assignments.


IMPORTANT: ALWAYS STATE YOUR STUDENT NUMBER AND MODULE CODE IN
ALL CORRESPONDENCE.
3.3

University

If you need to contact the university about matters not related to the content of this module,
please consult the publication my Studies @ Unisa that you received with your study
material. This booklet contains information on how to contact the university (e.g who to write
to for different queries, important telephone and fax numbers, addresses and details of the
times certain facilities are open).

MODULE-RELATED RESOURCES

4.1

Prescribed book:

Coetzee SA & Van Niekerk, EJ (Editors) 2015. An educators guide to effective


classroom management (2nd edition). Pretoria: Van Schaik.
You are advised to purchase this prescribed book immediately as you need it for the
completion of your assignments, and you also need it for your examination preparations.
The Department of Despatch should supply you with the following study material for this
module:

Only Study Guide for EDLHODM: The educator as leader, manager and
Administrator

Tutorial Letter 101 and Tutorial Letter 301

The study guide for this module is not only a guide to help you in your study of the syllabus;
it is also an additional source that you can use in completing your assignments. The exam
demarcation will, however, come from your prescribed book.
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.
You will receive Tutorial letters (eg for feedback on assignments) electronically on myUnisa
as soon as they are available or needed. Through the postal system it will take longer to
reach you.
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.
4.2

Recommended books:

Kruger, AG & Van Schalkwyk, OJ. 1997. Classroom management. Revised edition.
Pretoria: Van Schaik.
Additional sources for education law
At the request of some of our students, we have included information on additional sources
for education law. Please note that these books are neither prescribed nor
recommended.
5

They provide background reading for students who wish to read more widely. The Library
may not keep these books and you may therefore find them difficult to obtain. You should
further note that the Library does not provide photocopies of sections of these books:
Basson, AC, Christianson, MA, Garbersk, C, Le Roux, PAK, Mischke, C & Strydom, EML.
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:
Butterworths.
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.
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, JM & Visser, PJ. 2002. Law of delict. 4th edition. Durban:
Butterworths.
Oosthuizen, IJ (ed). 2009. Aspects of educational law. 4th edition. Pretoria: Van Schaik.
Oosthuizen, IJ, Rossouw, JP & De Wet, A. 2004. Introduction to education law. Pretoria:
Van Schaik.
Rautenbach, IJ & Malherbe, EFJ. 1994. Your rights in the Constitution. Johannesburg: Rand
Afrikaans University.
Taylor, BB. 1996. Education and the law: a dictionary. Santa Barbara, CA: 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, we cannot help you. All
these Acts are bound in the Butterworths volumes of statutes in the Unisa law library (and
other law libraries), but these are reference works and cannot be borrowed by students.
Your school or district offices should also have a set 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
(PUBLICATION SECTION)
PRIVATE BAG X 85
PRETORIA
0001
Tel. 012 334 4508/09/10
FAX: 012 323 9574
6

EDLHODM/101
PLEASE NOTE:

You do not have to buy any of the legislation mentioned. The prescribed book, study
guide and tutorial letters are the only compulsory study material for this section of
the module.
4.3

Electronic Reserves (e-Reserves)

There are no e-reserves for this module.

STUDENT SUPPORT SERVICES FOR THE MODULE

Important information appears in your my Studies @ Unisa brochure.

MODULE-SPECIFIC STUDY PLAN

Refer to the my Studies @ Unisa brochure for guidance on time management and planning
skills.

MODULE PRACTICAL WORK AND WORK-INTEGRATED LEARNING

None.

ASSESSMENT

8.1

Assessment plan

The assignments form an integral part of the assessment plan; therefore both assignments
are compulsory. To gain entrance to the examination you need to submit Assignment 01 for
the semester in which you take this module. It is most important that you do the essay
assignment, Assignment 01, properly because this assignment counts 20% towards your
final mark for this module. Your semester mark is calculated on the basis of your mark in
Assignment 01.
Your type of assignment questions provide an indication of the type of examination
questions, except that they will be in a structured format (eg paragraph-type questions) in
order to cover all the content of the module. You may also be asked multiple-choice
questions and/or short questions.
For students attending tutorial sessions, tutors may also set additional tasks and give
feedback in class.

8.2

General assignment numbers

In this module you should submit two compulsory assignments: Assignment 01 and
Assignment 02. Make very sure that you submit the correct assignments according to the
semester in which you take the module.
8.2.1 Unique assignment numbers
Semester 1
Assignment number

Unique number

01

613948

02

614143

Semester 2
Assignment number

Unique number

01

614227

02

613356

8.2.2 Due dates for assignments


Take careful note of the following closing dates for the first and second semesters. No
extension can be granted for Assignment 02. Any extension request for Assignment 01 will
only be considered if solid reasons are provided with related documentary proof, eg a
doctors certificate.
Semester 1
Assignment number

Unique number

Due date

01

613948

13 March 2015

02

614143

10 April 2015

Assignment number

Unique number

Due date

01

614227

21 August 2015

02

613356

16 September 2015

Semester 2

EDLHODM/101

Please remember to give the assignment the same number as the one given in this tutorial
letter. Thus, even if you do Assignment 02 first, you should number it "02" and not "01".
Enquiring about assignments (whether they were received by the university, what mark was
awarded, when they were returned to you, etc) should be channeled to assign@unisa.ac.za.
8.3

Submission of assignments

You may submit written assignments and assignments done on mark-reading sheets either
by post or electronically via myUnisa. Assignments must not be submitted by fax or email.
For detailed information and requirements as far as assignments are concerned, see the
brochure my Studies @ Unisa, which you received with your study material.
To submit an assignment via myUnisa:

Go to myUnisa.
Log in with your student number and password.
Select the module.
Click on assignments in the menu on the left.
Click on the assignment number you want to submit.
Follow the instructions on the screen.

8.4

Assignments

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 interspersed with
relevant, short quotations that are properly referenced. It is unacceptable for
students to submit identical assignments on the basis that they worked together.
This 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.
ASSIGNMENTS FOR SEMESTER 1
ASSIGNMENT 01 FOR SEMESTER 1: (Compulsory essay- type question) (Assignment 1
Unique number : 613948)
Due date : 13 March 2015
Answer both Question 1 and Question 2.
QUESTION 1
You may consult your Study Guide, prescribed book (essential to purchase it in time)
recommended books and/or other relevant sources to answer the following question. Take
note of the following guidelines on writing essay assignments:

Provide your assignment with a table of contents.

Use headings and subheadings for the various sections of the assignment.

First write an introduction indicating briefly what the main focus points of the
assignment will be.
9

The content of your assignment should be presented scientifically, i.e. with


references to the sources used. The more references to a variety of sources used the
better.

Use the information to draw your own logical conclusions; otherwise the assignment
will be a mere compilation of the content of the sources used.

The assignment should be provided of a summary of your conclusions at the end.

Pay equal attention to the various sections of the assignment.

Provide a bibliography of all the sources consulted in answering your assignment.


The more sources used (e.g. books, articles in scientific journals, circular letters from
education departments, educational acts, newspaper articles, etc), the better.

Your total assignment (Classroom management and education law sections)


including the table of content and Bibliography must not be longer than 9 pages
(typed or written).

Assignment:
Discuss educator classroom leadership under the following headings:
1) A concise explanation of the model of long term leadership in my own words (no more
than 2 pages)
2) An honest analysis of my characteristics as a classroom leader (see Chapter 5 in your
prescribed book) indicating also how each one of them impacts on my leadership
provision.

Use the following headings:


My view of learners
My task and people orientation
My personality
My level of knowledge and experience
My expectations of and trust in learners
[25]

QUESTION 2: (INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW)


Study the following scenario and then answer the questions that follow:
Four Grade 12 boys of Zingwe Secondary School wrote a memorandum to the principal
demanding that they be allocated a new Mathematics teacher since their teacher went on
maternity leave. The principal promised to look into the matter. When two months passed
without a teacher being allocated, the learners wrote a memorandum to the district office.
The principal heard about the boys' memorandum when confronted by the district office.
The principal and the deputy principal suspended the boys on grounds that they brought
the name of the school into disrepute and for conduct unbecoming of learners. The
parents of the boys lodged a complaint that the school officials had acted unlawfully and
had infringed on their childrens constitutional rights.
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EDLHODM/101

1.1 In your opinion would you agree with the parents that the principal and the deputy
principal acted unlawful in suspending the learners? In your answer discuss at least
three (3) requirements for suspension in public schools as stipulated in the
South African Schools Act.

(3)

1.2 Mention and discuss at least three (3) constitutional rights of the boys that were
infringed in this case

(6)

1.3 Discuss the legal requirements for valid lawful administrative action that could have
been exercised before considering suspending the learners

(15)

1.4 There are two classes of legal subjects who are bearers of rights and duties.
Identify and explain only one legal subject in the case study

(1)

TOTAL:
ASSIGNMENT 02 FOR SEMESTER 1 (MULTIPLE-CHOICE) (Assignment 2 Unique
number: 614143
Due date: 10 April 2015
This assignment is compulsory. No extension can be granted for this assignment and
late assignments will not be marked.
Answer this assignment on the 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. This assignment is marked by computer on a specific date
and no extension on the deadline can therefore be given.

Make clear marks use an HB pencil.

Make sure that, besides the Assignment number (02), you also fill in the unique
assignment number on the marking template.

Consult your Study Guide and prescribed book to do the assignment.


Each question has only one correct answer.
(1) Which ONE of the following statements is CORRECT?
1. An educator who knows the education law will only know their rights and obligations.
2. The Constitution of the Republic of South Africa Act 108 of 1996 was adopted by an
elected Constitutional Assembly certified by the Constitutional Court and passed
by Parliament.
3. Common law is defined as legal rules which were originally written down and enacted
by the legislature.
4. In law, the term person does not refer to a human being only.

11

[25]
[50]

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


1. The ratio decindendi of a case consists of legal principles that the court apply to the
material facts in order to reach a decision.
2. The principle of ignorantia juris non excusa originated from Latin law.
3. Some common law principles of natural justice such as the audi alteram partem rule
have now been incorporated into Section 32 of the Constitution.
4. When applying the stare decisis principle, the judge considers legal justifications for the
judgement.
(3) Which ONE of the following statements is INCORRECT?
1. To constitute a delict, one person must have caused harm or damage to another person
by his or her conduct.
2. A juristic person is a specific kind of legal subject that is an entity apart from a human
being.
3. Subordinate legislation is passed in terms of original legislation.
4. Constitutional law can be defined as the sum total of legal rules that grant people or
institutions in authority the power to take action, and prescribe the procedure to be
followed when taking such action.
(4) Which ONE of the following statements is INCORRECT?
1. The service of an educator may be terminated by the employer on grounds of retirement,
resignation and the discharge of educators.
2. An employee is dismissed for taking part in union activities that is regarded as unfair
labour practice.
3. The term lockout can be defined as the partial or complete concrete refusal to work, or
the retardation or obstruction of work, by persons who are or have been employed by the
same employer or by different employers.
4. In terms of the Labour Relations Acts 66 of 1995, operational reasons mean that the
employer needs to cut back on a number of employees for economic reasons or no
longer needs the type of work performed by certain employees.
(5) Which ONE of the following statements is INCORRECT?
1. Common law is regarded as one of the sources that regulate punishment in schools.
2. Two important common law principles that regulate an educators actions are the rules of
natural justice and the principles of justification and fair administration.
3. Detention is commonly used as an alternative to corporal punishment.
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EDLHODM/101

4. Punishment as such is not prohibited in South African schools.


(6) Which ONE of the following statements is CORRECT?
1. The head of department is responsible for adopting a code of conduct for learners in a
public school.
2. The schools governing body must draw up a code of conduct for learners in a public
school.
3. Discipline must be constructive and positive and should only be based on the decisions of
the educators and the principal.
4. Classroom rules must be consistent with the schools admission policy.

(7) According to the South African Schools Act Section 8A, who is authorised to
conduct random searches of a group of learners or the property where a group of
learners is situated?
1. the schools governing body
2. the police, after being invited to the school by the principal
3. the principal or his or her delegate
4. the head of department

(8) The court case which emphasised that the principle of maxim ignorance (or
mistake) of the law is no excuse, is called ___
1. Christian Education SA v Minister of Education of the Government of RSA 2000 (10)
BCLR 1051 (CC).
2. Minister of Education v Harris 2001 JDR 0762 (CCT).
3. Prinsloo v Van der Linde and Another 1997 (3) SA 1012 (CC).
4. S v De Bloom 1977 (3) SA 513 (A).

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


1. 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 applicants.
2. The South African Schools Act 84 of 1996 provides for the establishment of democratic
school governance.
3. A public school is a juristic person without legal capacity.
13

4. Common law is non-statutory law.

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


1

Dismissal means that an employer terminated a contract of employment without notice.

An employer may retire an employee if the employee has reached the normal or agreed
retirement age.

3 Theft, bribery, fraud or an act of corruption in regards to examination or promotional


reports are regarded as serious misconduct.
4 An educator who is appointed in a permanent capacity is deemed to be discharged if he
or she is absent from work without permission, for a period exceeding 14 consecutive
days.
(11) Which ONE of the following is CORRECT?
1. Legislation is interpreted against the background of the Constitution.
2

The stare decisis principle refers to a brief summary of the material facts of the case and
the judgement.

3. Ratio decidendi refers to the principle that a previous court judgement can influence a
later one.
4. The range of childrens rights is set out in Section 29 of the Constitution.

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


1. Educators are not expected to be well informed about the law and relevant education
Acts and regulations.
2. All human rights are not absolute.
3. Law applies only to juristic persons.
4. An educator found guilty of misconduct cannot be demoted.
(13) The type of power that emanates from the learners belief that the educator has
the right to manage the learning environment is called
1. expert power.
2. attractive power.
3. reward power.
4. legitimate power.
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EDLHODM/101

(14) Changing management style from one day to the next is characteristic of the
1. autocratic management style.
2. laissez-faire management style.
3. democratic management style.
4. chameleon management style.

(15) Characteristics of the situation that will affect the educators leadership style
exclude:
1.

Classroom climate

2.

The educators view of the learners

3.

Structuring of the task

4.

Authority of the educator

(16)There are four management functions. Which one of the following is a management
function in the classroom?
1. Discipline
2. Punishment
3. Organizing
4. Teaching
(17) The educators ability to influence learners towards the accomplishment of set
aims is concerned with the ability to
1. control.
2. lead.
3. organize.
4. plan.

(18) Which guideline should be followed for setting rules for your classroom policy?
1. The policy should be kept in a safe place.
2. Rules should be stated positively.
3. Rules should be strict and non-negotiable.
4. The policy should be written in the third person.
15

(19) The conflict management style in which one party merely gives in to the wishes of
another is called
1.

accommodation.

2.

avoidance.

3.

collaboration.

4.

compromise.

(20) Which one is a characteristic of field independent learners?


1. Like to openly express warm feelings for the educator.
2. Like to compete with others.
3. Like to help others.
4. Like to work on an individual basis with the educator.

(21) Which type of educator is hardworking, driven, competitive, time conscious and
prone to heart attacks?
1. Type A
2. Type B
3. Type S
4. None of the above

(22) Which statement is true?


1.

Planning is a paper exercise expected by management.

2.

Control equals discipline and punishment.

3.

The principal is the only leader in the school.

4.

Organizing means bringing plans and resources together for effective implementation.

(23) Which one is not an independence strategy for handling problems resulting from
large classes?
1. Problem-based learning
2

Peer feedback and assessment

Working individually with learners

Independent group work


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EDLHODM/101

(24)

Which one of the following is an example of people orientation by the educator as


leader?

1.

Emphasizing deadlines

Managing learners to follow class rules

Getting things done quickly

Finding time to listen to learners

(25) Parent involvement in the school excludes:


1

Involvement in school management

2. Involvement in classroom or educational activities


3. Involvement in home-based activities
4

Involvement in substituting the teacher


TOTAL: [25]

ASSIGNMENTS FOR SEMESTER 2


ASSIGNMENT 01 FOR SEMESTER 2: (Compulsory essay- type question) (Assignment 1
unique number: 614227
Due date: 21 August 2015
Answer both Question 1 and Question 2.
QUESTION 1
You may consult your Study Guide, prescribed book (essential to purchase it in time)
recommended books and/or other relevant sources to answer the following question. Take
note of the following guidelines on writing essay assignments:

Provide your assignment with a table of contents.

Use headings and subheadings for the various sections of the assignment.

First write an introduction indicating briefly what the main focus points of the
assignment will be.

The content of your assignment should be presented scientifically, i.e. with


references to the sources used. The more references to a variety of sources used the
better.

Use the information to draw your own logical conclusions; otherwise the assignment
will be a mere compilation of the content of the sources used.

The assignment should be provided of a summary of your conclusions at the end.

Pay equal attention to the various sections of the assignment.


17

Provide a bibliography of all the sources consulted in answering your assignment.


The more sources used (e.g. books, articles in scientific journals, circular letters from
education departments, educational acts, newspaper articles, etc), the better.

Your total assignment (Classroom management and education law sections,


including the Content page and the Bibliography) must not be longer than 9 pages
(typed or written).

Assignment:
Write a structured essay assignment in which you indicate how you intend managing learner
participation in your classroom with reference to the following factors influencing
participation:
(1)

Learner motivation

(2)

Group work

(3)

Cultural diversity

(4)

Multiple intelligences

(5)

Teaching and learning style


TOTAL [25]

QUESTION 2: (INTRODUCTION TO SOUTH AFRICAN EDUCATION LAW)


Study the following scenario and then answer the questions that follow:
One Monday morning, Mr. Smith catches Piet and Lebo smoking dagga in the boys toilets.
He immediately summons them to the principals office and demands that they be expelled
immediately as they have violated the code of conduct of learners at the school. Before they
leave, he takes out a cane and gives them a beating for breaking the school rules. He even
searches their pockets and bags to ensure that they do not have any more dagga on them.
The following day, the parents of the boys threaten to sue the school for unlawfully expelling
their children and infringing their human rights.
2.1

2.2

2.3

2.4

Would you agree that Mr. Smith has conducted a lawful search of the two boys
in this case? In your answer, consider learners right to privacy and section 8
of the Schools Act.

(5)

List at least five (5) factors that an educator must consider before conducting a
search in a school.

(5)

Discuss the legality of Mr. Smiths administering of corporal punishment on the boys.
(Your discussion must refer to the Constitution, South African Schools Act and
relevant case law.)

(10)

When and by whom may a learner be expelled from school? In your answer,
refer to the South African Schools Act.

(5)

18

EDLHODM/101

[25]
TOTAL [50]
ASSIGNMENT 02 FOR SEMESTER 2 (MULTIPLE-CHOICE)
(Assignment 2 Unique number 613356)
Due date 16september 2014
This assignment is compulsory. No extension can be granted for this assignment and
late assignments will not be marked.
Answer this assignment on the 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. This assignment is marked by computer on a specific date
and no extension on the deadline can therefore be given.

Make clear marks use an HB pencil.

Make sure that, besides the Assignment number (02), you also fill in the unique
assignment number on the marking template.

Consult your Study Guide and prescribed book to do the assignment.


Each question has only one correct answer.
(1) If an educator commits an act of sexual penetration with a child of 12 years and
older but under the age of 16, this will constitute ___
1. sexual exploitation.
2. sexual assault.
3. statutory rape.
4. compelled rape.

(2) A classroom manager may be found guilty of negligence if he or she ___

1. failed to provide the necessary medical care to the learners.


2. failed to provide adequate instruction.
3. failed to prove that the damage has occurred in his or her absence.
4. failed to prove his or her innocence.
(3) Which ONE of the following statements is CORRECT?
1. Suspension means a learner is permanently prohibited from attending a particular school.
2. Nemo iudex in sua causa means to hear the other side of the story.
3. Educators are expected to know what their legal accountability is in terms of
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extramural activities.
4. 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.
(4)The Constitution of the Republic of South Africa, 1996 ___
1. was passed by Parliament.
2. is the supreme law of the Republic of South Africa.
3. states that any law or conduct inconsistent with it is legal.
4. sets out the spirit and underlying values and freedoms that should not be part of
classroom management.
(5)___ is when learners who cannot see properly are given the opportunity to sit in
the front of the classroom.
1. Fair discrimination
2. Unfair discrimination
3. Differentiation
4. Unfair distinction
(6) In a school context, when punishment is unreasonable, cruel or degrading, it is
regarded as a violation of the following human right:
1. freedom and security of the person
2. privacy of the person
3 equality before the law
4. the right to education of the learner

(7) Which of the following statements are INCORRECT?


a. Educators, learners and parents can use The Promotion of Access to Information Act 2 of
2000 to access information held by the National Department of Basic Education.
b.

In loco parentis means to be as careful as a concerned father.

c.

Expulsion means a learner is temporarily prohibited from attending a particular school.

d. The Labour Relations Act 66 of 1995 made provision for the establishment of an
Education Labour Relations Council (ELRC).
1. (a) and (d) are incorrect
2. only (a) is incorrect
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EDLHODM/101

3. (b) and (c) are incorrect


4. All the statements are incorrect.
(8)Which ONE of the following statements is CORRECT?
1. The Schools Act Section 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 apartheid.
2. Attending religious observances in school is compulsory for staff, but learners attendance
should be voluntary.
3. Provincial proclamations and regulations are regarded as subordinate legislation.
4. According to Section 7 of the Employment of Educators Act, an educator must be dismissed
for committing a sexual act with a learner.
(9) Which ONE of the following statements is CORRECT?
1. No learner is compelled to disclose his or her HIV/AIDS status.
2. An educator who has knowledge about the HIV/AIDS status of the learner can only tell the
principal in confidence.
3.

An educator of an HIV/AIDS positive child may disclose the status of the child only for
specific purposes without the childs consent.

4. A learner who is HIV positive should be carefully monitored at all times in order to protect
the other learners.

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


1. Any official educational, cultural, recreational or social activity of the school within or
outside the school premise is regarded as a school activity.
2. The Schools Act, Section 4, requires that the principal must be of the same gender as the
learner who is being searched.
3. Section 5 of the Schools Acts requires that the educator must only record but not report the
items that were seized during the searches.
4. Sexual grooming of children includes supplying, exposing or displaying an article that is
intended to be used in the performance of a sexual act, child pornography, pornography or
the publication of a film with the intention of encouraging, enabling, instructing or
persuading a child to perform a sexual act.

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


1. According to the Childrens Act, sexual abuse includes sexually molesting or assaulting a
child.
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2. For the purpose of liability, acts of negligence arise only if a defendant would take the
necessary steps to guard against any act of negligence.
3. Sanctions for level 2 misconduct by learners include a referral to the social worker
4. Section 36 of the Constitution states that your human rights may be limited by another person.

(12) Factors that educators must bear in mind before giving a learner detentions after
school are the ___
a. age of the learner.
b. level of misconduct.
c. principals discretionary powers.
d. distance to be travelled by the learner back home.
1. (a) and (c) are correct
2. (a), (b) and (d) are correct
3. only (a) and (b) are correct
4. All of the above.

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


1.

Ultra vires means beyond legal authority.

2.

South African law is divided into material law and formal law.

3.

Public law regulates the organisation of the state, the relationship between different organs
of the state and the relationship between the state and the individual.

4.

Dismissal of an employee should occur only in the case of serious or repeated


misconduct.

(14) The educator who offers verbal commendation for academic accomplishments
exercises
1.

expert power.

2.

attractive power.

3.

coercive power.

4.

reward power.

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EDLHODM/101

(15) The autocratic management style refers to a style


1. where there is one-way communication.
2. where educators allow self-expression by learners.
3. where educators run late, are forgetful and do not complete things on time.
4. where learners are allowed too much freedom.

(16) The effectivity of the educators short term leadership is influenced by


1.

characteristics of the learners.

2.

training and development of the learners.

3.

pragmatic considerations.

4.

values management.

(17) Which one of the following is NOT a simulation activity with regard to effective
group procedures?
1.

Moving quietly into groups

2.

Alternating speaker

3.

Listening skills

4.

Ignoring non-verbal messages

(18) Which one of the following is a concept in the communication process model?
1. Problem-solving
2. Accommodation
3. Receiver
4. Facilitator

(19) Which one of the following is a source of conflict in the classroom?


1. Communication blocks
2. Compromise
3. Positive emotions
4. Facilitation

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(20) Force as a conflict management style can be used in the following appropriate
situation:
1. To build social credits for later issues.
2. When an issue is trivial or more important issues are pressing.
3. On issues vital to the welfare of the organization.
4. To gain commitment by incorporating concerns into consensus.

(21) When a learner prefers a more global, holistic and relational approach to learning, the learner
is a
1. right brain learner.
2. left brain learner.
3. subjective learner.
4. objective learner.

(22) Action plans for coping with stress excludes:


1.

Identifying the stressors

2. Taking control
3. Cropping up emotions
4. Improving time management

(23) Which one of the following is one of the educators long-term leadership tasks?
1 . Managing values
2 . Managing time
3. Acquiring listening skills
4 . Having high expectations from learners

(24) Which one of the following characteristics of learners needs to be taken into account by
the educator as situational leader?
1. Personality
2 Motivation to excel
3 People orientation
4. Effectiveness of group work
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EDLHODM/101

(25) The ability to recognize and classify species in the environment is an indication of

1. linguistic intelligence.
2. spatial-visual intelligence.
3. naturalist intelligence.
4. interpersonal intelligence.
Total: [25]

OTHER ASSESSMENT METHODS


A memorandum for the activities in your study guide for Introduction to South African
education law will be provided in a tutorial letter. You can compare your answers to these
activities with this memorandum.

10

EXAMINATION

This module is offered in a semester period of 15 weeks. This means that if you are
registered for the first semester, you will write the examination in May/June 2015 and the
supplementary examination will be written in October/November 2015. If you are registered
for the second semester, you will write the examination in October/November 2015 and the
supplementary examination will be written in May/June 2016.
The examination paper for EDLHODM consists of Section A: Introduction to classroom
management and Section B: Introduction to South African education law. The paper
counts 100 marks and the duration is two hours. As the duration of your paper for EDLHODM
is two hours; you thus have only one hour for each Section. This implies that you will have to
know your content and work fast and efficiently in order to complete all the questions. During
the semester, the Examination Section will provide you with information regarding the
examination in general, examination venues, examination dates and examination times.
Previous examination papers are uploaded on myUnisa by the Examination Section.
However, we advise you not to focus solely on old examination papers: the demarcation of
the content for the examination, and therefore the examination papers, change from year to
year.
To help you prepare 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 the material you have to study for examination purposes. This tutorial letter will
usually be uploaded on myUnisa before it reaches you, so start checking myUnisa for it about
six weeks before your exam date. The demarcation for the exam will come from your
prescribed book.

25

11

FREQUENTLY ASKED QUESTIONS

The my Studies @ Unisa brochure contains an A-Z guide of most relevant information.
12

SOURCES CONSULTED

Coetzee SA & Van Niekerk, EJ (Editors) 2015. An educators guide to effective classroom
management (2nd edition). Pretoria: Van Schaik.
13

CONCLUSION

If you have difficulties with your studies, please contact your lecturer(s) as soon as possible
- in writing, by e-mail or by telephone. You are also welcome to visit us personally during
office hours from Monday to Friday. However, please make an appointment beforehand.

14 ADDENDUM
None

Good luck with your studies!

YOUR LECTURERS

Prof. EJ Van Niekerk


Dr. PR Machaisa

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