A critical analysis of the learners’ constitutional rights to basic education in South Africa
Globally, several countries propose to make primary education compulsory and freely available to all. Although there has been steady growth in learner enrolment in South African public schools since 1994, the socioeconomic status of parents, racial and religious discrimination, high cost of school f...
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| Format: | Article |
| Language: | Afrikaans |
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Scriber Editorial Systems
2018-03-01
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| Series: | Koers : Bulletin for Christian Scholarship |
| Subjects: | |
| Online Access: | https://www.koersjournal.org.za/index.php/koers/article/view/2327 |
| _version_ | 1818120389785550848 |
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| author | Raj Mestry |
| author_facet | Raj Mestry |
| author_sort | Raj Mestry |
| collection | DOAJ |
| description | Globally, several countries propose to make primary education compulsory and freely available to all. Although there has been steady growth in learner enrolment in South African public schools since 1994, the socioeconomic status of parents, racial and religious discrimination, high cost of school fees and schools’ language policies have prevented poor learners from accessing basic education, especially in public schools located within affluent areas. This paper critically examines legislation and policies relating to children’s constitutional rights to education. The government’s mandate to redress past injustices and concentrate on social justice and equity in public education is hampered by the failure of many schools correctly interpreting or consistently applying legislation and regulations relating to learner admissions. It has been found that the admission policies drawn up by school governing bodies (SGB) covertly prevent poor learners from enrolling at affluent schools. Although school admissions have been contested in various court cases, governing bodies of affluent schools continue to practice unfairness in opening its doors to all children. To ensure that social justice and equity prevail in school education, the Department of Education should revise policies or amend existing legislation encouraging SGBs to provide learner access without any prejudice.
https://doi.org/10.19108/KOERS.82.3.2327 |
| first_indexed | 2024-12-11T05:25:19Z |
| format | Article |
| id | doaj.art-4b482ed1a2244eb0b71328c14c81baff |
| institution | Directory Open Access Journal |
| issn | 0023-270X 2304-8557 |
| language | Afrikaans |
| last_indexed | 2024-12-11T05:25:19Z |
| publishDate | 2018-03-01 |
| publisher | Scriber Editorial Systems |
| record_format | Article |
| series | Koers : Bulletin for Christian Scholarship |
| spelling | doaj.art-4b482ed1a2244eb0b71328c14c81baff2022-12-22T01:19:36ZafrScriber Editorial SystemsKoers : Bulletin for Christian Scholarship0023-270X2304-85572018-03-01823A critical analysis of the learners’ constitutional rights to basic education in South AfricaRaj Mestry0University of JohannesburgGlobally, several countries propose to make primary education compulsory and freely available to all. Although there has been steady growth in learner enrolment in South African public schools since 1994, the socioeconomic status of parents, racial and religious discrimination, high cost of school fees and schools’ language policies have prevented poor learners from accessing basic education, especially in public schools located within affluent areas. This paper critically examines legislation and policies relating to children’s constitutional rights to education. The government’s mandate to redress past injustices and concentrate on social justice and equity in public education is hampered by the failure of many schools correctly interpreting or consistently applying legislation and regulations relating to learner admissions. It has been found that the admission policies drawn up by school governing bodies (SGB) covertly prevent poor learners from enrolling at affluent schools. Although school admissions have been contested in various court cases, governing bodies of affluent schools continue to practice unfairness in opening its doors to all children. To ensure that social justice and equity prevail in school education, the Department of Education should revise policies or amend existing legislation encouraging SGBs to provide learner access without any prejudice. https://doi.org/10.19108/KOERS.82.3.2327https://www.koersjournal.org.za/index.php/koers/article/view/2327accessconstitutional rightslegislationexclusionsexemptions |
| spellingShingle | Raj Mestry A critical analysis of the learners’ constitutional rights to basic education in South Africa Koers : Bulletin for Christian Scholarship access constitutional rights legislation exclusions exemptions |
| title | A critical analysis of the learners’ constitutional rights to basic education in South Africa |
| title_full | A critical analysis of the learners’ constitutional rights to basic education in South Africa |
| title_fullStr | A critical analysis of the learners’ constitutional rights to basic education in South Africa |
| title_full_unstemmed | A critical analysis of the learners’ constitutional rights to basic education in South Africa |
| title_short | A critical analysis of the learners’ constitutional rights to basic education in South Africa |
| title_sort | critical analysis of the learners constitutional rights to basic education in south africa |
| topic | access constitutional rights legislation exclusions exemptions |
| url | https://www.koersjournal.org.za/index.php/koers/article/view/2327 |
| work_keys_str_mv | AT rajmestry acriticalanalysisofthelearnersconstitutionalrightstobasiceducationinsouthafrica AT rajmestry criticalanalysisofthelearnersconstitutionalrightstobasiceducationinsouthafrica |