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Summary CMG3701 Assignment 2 2023
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9.5.2 Assignment 02 [COMPULSORY]Closing date: 21 July 2023
This assignment is compulsory and contributes 10% to your year mark. Any request
for extending the due date for Assignment 02 will only be considered if solid reasons
are provided beforehand with related documentary proof, for example a doctor’s
certificate.
1. Differentiate between discipline and punishment. (6)
Discipline is more positive method of teaching a child self-control, confidence and
responsibility. The key positive discipline is teaching a child what behaviour is okay and
what behaviour is not okay. The focus is on what the child is expected and allowed to do.
It can be modelling appropriate behaviour or encouraging appropriate behaviour.
Learners must raise in a way that encourage positive discipline so that their will
understand their behaviour better.
Punishment may be physical as in spanking, hitting, or causing pain. It may also be
psychological as in disapproval, isolation, or shaming. Punishment focuses on
misbehaviour and offers little or nothing about improving or help the child better in the
future. Punishment is defined as a corrective measure or a penalty inflicted on an offender
who has to suffer the consequences of misconduct in order to maintain the orderly society of
the school.
2. The law of delict and safety in classrooms. The law of delict is a branch of private law
which deals with civil wrongs against another person that cause the injured party to go to
court to seek compensation from the wrongdoer for damages. There are various kinds of
delict, such as defamation, assault and invasion of privacy. Before an educator or learner
can be held delictually liable, his or her conduct should meet some requirements for
delictual liability.
Explain the requirements that must be met before a teacher or learner can be delictually
liable.
To constitute a delict, one person (e.g. the educator) must have caused harm or damage
to another by his or her conduct (act). The conduct must be a voluntary human act and
may be either a positive act (i.e. doing something) or an omission (i.e. failure to do
something).
The act (conduct) that causes harm must be wrongful, i.e. it must be legally reprehensible
or unreasonable in terms of the legal convictions of the community. To test for unlawfulness,
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