Activity 1. Column A: Public law | Column B: Private law | * Is aimed at the public interest. | * It furthers individual or private interests | * Orders the relationship between the state and individual. | * Orders the respective rights and obligations of private persons. | * Its a vertical relationship | * It is a horizontal relationship | * Denotes a relationship of authority | * Relationship are agreed on equal terms. |
Self evaluation
1. It is the social code of conduct that contains the rules, laws, norms and principles that society complies with.
2. Is define as those components of the Constitution, staturtory laws, common laws and case laws that regulate an education system and it regulates the multicultural interaction between individuals or groups.
3. All of the above
4. To create order and harmony in society as a whole and in specific relationships.
5. Facilitates and regulates behaviour.
Creates harmony and order
Determines power and duties of functionaries
Defines the parameters within education activities which are performed.
Protects the rights of individuals and groups in education.
Prescribes requirements for the provision, governance and financing of education.
6. Exercise professional discipline
7. i and ii
8. The Constitution: Is the supreme law and all the other laws must be in line with it.
( Constitution of the Republic of South Africa 108 of 1996)
* Legislation: laws of parliament, provincial legislation. ( National Education Policy Act 27 of 1996)
* Common law: Is made up of legal rules that were not originally written down but over time became accepted as the basic law of society ( Ultra vires and loco parentic principles)
* Case law: It involves authoritive and final judgements of the higher courts which are binding on lower courts such as magistrates courts. ( The case of Dlamini v Minister of Education and training and others 1984 (3) SA (NPD)
9. Public law