Learner P (a Grade 12 learner) approaches Learner K (a Grade 8 learner) during the compulsory lunch break at Embhuleni High

Learner P (a Grade 12 learner) approaches Learner K (a Grade 8 learner) during the compulsory lunch break at Embhuleni High. Embhuleni High is a public school in Mpumalanga. Learner P tells Learner K that if she does not give her her iPhone, she will “beat her up to a pulp”. Learner K refuses to give Learner P her iPhone, so Learner P starts to beat her up. The educators on duty break up the brawl and Learner P is escorted to the principal’s office. Learner P has been a problematic learner for the educators of Embhuleni High since Grade 8 and the principal is sick and tired of her disruptive behaviour. He decides to teach her a lesson by telling her to leave the school and to never come back because she does not deserve the right to a basic education. He even goes as far as hiring security guards to prevent her from entering the school premises. Learner P is very upset as this is her final year of schooling. As a paralegal, Learner P and her parents approach you for advice in this matter. 

1.1 What is the legal legal opinion in which you comprehensively assess Learner P’s right to basic

education. When assessing Learner P’s right to basic education, you must make reference

to at least two cases. (25)

1.2 Explain whether the actions of the school principal were constitutionally and

administratively correct. (25)

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