How often Equality and unfair discrimination is asked
7 of 7
papers asked it
avg 16 marks · last May 2021
Worth 2–10 marks when it appears as a written question, plus 2 multiple-choice items.
Where it was asked
The questions
May/Jun 2016, Q4.1(a)5 marks
Ms M Masipa applied for admission to Sunnyside Boys' High School, a state school. At her interview she was told that school policy was to admit only boys, that there were several other single-sex schools in the region, and that all school activities were designed for male learners; if girls were admitted, significant changes would be needed, such as providing separate bathrooms and change rooms for them. The school maintains that it is not acting unfairly. Ms Masipa, who lives next door to Sunnyside Boys' High School, wants to attend it even though there is a girls' high school 15 minutes away, because she also wishes to take woodwork and Latin, subjects not offered at the girls' school. She asks for your advice. Explain to Ms Masipa which of her constitutional rights may be at issue in this situation.
May/Jun 2016, Q4.1(b)10 marks
Ms M Masipa applied for admission to Sunnyside Boys' High School, a state school. At her interview she was told that school policy was to admit only boys, that there were several other single-sex schools in the region, and that all school activities were designed for male learners; if girls were admitted, significant changes would be needed, such as providing separate bathrooms and change rooms for them. The school maintains that it is not acting unfairly. Ms Masipa, who lives next door to Sunnyside Boys' High School, wants to attend it even though there is a girls' high school 15 minutes away, because she also wishes to take woodwork and Latin, subjects not offered at the girls' school. She asks for your advice. Apply the criteria laid down by the Constitutional Court in Harksen v Lane to Ms Masipa's case in order to establish whether her rights have indeed been violated.
May/Jun 2016, Q4.25 marks
Ms M Masipa applied for admission to Sunnyside Boys' High School, a state school. At her interview she was told that school policy was to admit only boys, that there were several other single-sex schools in the region, and that all school activities were designed for male learners; if girls were admitted, significant changes would be needed, such as providing separate bathrooms and change rooms for them. The school maintains that it is not acting unfairly. Ms Masipa, who lives next door to Sunnyside Boys' High School, wants to attend it even though there is a girls' high school 15 minutes away, because she also wishes to take woodwork and Latin, subjects not offered at the girls' school. She asks for your advice. Consider the statement that affirmative action is not an exception to the right to equality but rather a means of achieving equality understood in its substantive or restitutionary sense. Discuss the difference between formal and substantive equality in light of this statement.
Oct/Nov 2015, Q2.45 marks
Discuss whether section 9(2) of the Constitution, which provides for affirmative action measures, constitutes an exception to sections 9(3) and 9(4) of the Constitution.
Oct/Nov 2015, Q4.1(a)5 marks
Ms M Masipa applied for admission to Sunnyside Boys' High School, a state school. At her interview she was informed that school policy allowed only boys to be admitted, that there were several other single-sex schools in the region, and that all school activities were designed for male learners; admitting female learners would require significant changes, such as building separate bathrooms and change rooms for girls. The school maintains that it is not acting unfairly. Ms Masipa seeks advice: although there is a girls' high school 15 minutes away, she lives next door to Sunnyside Boys' High School and wants to attend it, and she also wishes to take woodwork and Latin, subjects not offered at the girls' high school. Explain to Ms Masipa which of her constitutional rights may be at issue.
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