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Realising the Right to a Basic Education in South Africa: - An analysis of the content, policy effort,

2 November 2015


The right to a basic education means a right to a basic education of an adequate quality The constitutional The history of apartheid era education and the constitutional provision guaranteeing everyone framework has the right to a basic education demonstrate that the right must guarantee access to education that is of an adequate quality. [...] The ratification of the ICESCR also mandates that the state report every five years to the United Nation’s Committee on Economic, Social and Cultural Rights on how it has implemented the Covenant into law, as well as the measures that the state has taken towards the realisation of the rights recognised in the Covenant and the progress that has been achieved. [...] While the state’s ratification of the ICESCR has been widely welcomed both domestically and internationally, a number of civil society organisations have raised objections to the state’s attempt to insert a qualification into the ratification of the covenant that seeks to limit the obligation towards the right to education to only require that the state give progressive effect to the right to educ. [...] The governing body of a public school must in addition recognise that it is entrusted with a public resource which must be managed not only in the interests of those who happen to be learners and parents at the time but also in the interests of the broader community in which the school is located and in the light of the values of our Constitution.”30 In Juma Musjid31 the Constitutional Court revie. [...] 9 THE RIGHT TO A BASIC EDUCATION STATE LEGISLATION, REGULATIONS CHAPTER AND POLICIES PROVIDING FOR THE 3 REALISATION OF THE RIGHT TO A BASIC EDUCATION South Africa’s legislative, regulatory and policy framework provides for a public education system that seeks to give rise to the realisation of the right to basic education and provides content to the right.

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