Relevant bibliographies by topics / Right to education – South Africa

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Right to education – South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Right to education – South Africa"

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Arendse, Lorette. "The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 6 (June 9, 2017): 96. http://dx.doi.org/10.17159/1727-3781/2011/v14i6a2610.

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In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education. This article examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as well as the significance of the right to education as a central, facilitative right are examined in order to establish the content of the right to basic education and the legal obligations that ensue. Against this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued that learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education.
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Walton, Elizabeth. "Getting Inclusion Right in South Africa." Intervention in School and Clinic 46, no. 4 (November 22, 2010): 240–45. http://dx.doi.org/10.1177/1053451210389033.

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Ferreira, Gerrit. "Response to Prof Thilo Marauhn's Opening Address on ’Land Tenure and Good Governance from the Perspective of International Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 3 (June 9, 2017): 24. http://dx.doi.org/10.17159/1727-3781/2011/v14i3a2611.

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In an earlier judgment[1] on the right to education delivered by the South African Constitutional Court (the Constitutional Court), the principal focus was on the restriction of access to education through the implementation of the language policy of the school. Language, however, is only one barrier preventing access to education in South Africa. Learners countrywide are denied the right to basic education because of the levying of school fees and other educational charges.[2] This practice is prevalent in spite of the international obligation imposed on the South African government to provide free primary education. This article examines the exact nature of this obligation by exploring the concept of "free" basic education. * Lorette Arendse, Lecturer, Department of Legal History, Coparative Law and Legal Philosophy University of Pretoria. E-mail: Lorette.arendse@up.ac.za[1] Head of Department: Mpumalanga Department of Education v Hoërskool Ermelo 2010 2 SA 415 (CC).[2] Centre for Applied Legal Studies and Social Surveys Africa National Survey.
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Mbere, Aggrey M., and Pam Christie. "The Right to Learn: The Struggle for Education in South Africa." International Journal of African Historical Studies 21, no. 1 (1988): 129. http://dx.doi.org/10.2307/219898.

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Skelton, Ann, and Martin Nsibirwa. "#Schools on fire: Criminal justice responses to protests that impede the right to basic education." South African Crime Quarterly, no. 62 (December 13, 2017): 39–50. http://dx.doi.org/10.17159/2413-3108/2017/v0n62a3090.

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In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law.
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Hagenmeier, Cornelius, Tapiwa Shumba, and Obeng Mireku. "THE ADMISSION AND ENROLMENT OF FOREIGN LEGAL PRACTITIONERS IN SOUTH AFRICA UNDER THE LEGAL PRACTICE ACT: INTERNATIONAL TRADE LAW AND CONSTITUTIONAL PERSPECTIVES." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a734.

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Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get trained in other countries as part of their undergraduate degrees or even come to foreign shores to obtain law degrees. Many students hailing from other African countries study towardsLLBdegrees at South African universities. Major commercial law firms ensure that they can offer in-house expertise on major foreign legal systems and co-operate with partner firms in other parts of the globe.The General Agreement on Trade in Services (GATS), to which South Africa is a party, is a multilateral agreement focusing on the liberalisation of trade in services amongst member countries. Services under the GATS system include legal services. The commitments made by South Africa under this agreement require that South Africa allows foreign legal practitioners to establish a commercial presence or be transferred to South Africa. The Bill of Rights entrenched in Chapter 2 of the South African Constitution guarantees fundamental rights including the right to equality and freedom of trade, occupation and profession. With the coming into force of the new Legal Practice Act 28 of 2014, which provides a legislative framework for regulating the affairs of legal practitioners, including their admission and enrolment, it is necessary to assess the extent to which the Act complies with the GATS rules and the South African Constitution.This paper examines the new Legal Practice Act 28 of 2014, and examines whether the Act addresses the conflicts that have always existed between the regulation of the legal profession and the admission of legal practitioners in South Africa with South Africa's commitments under the GATS system. Using the doctrinal legal method, it analyses and evaluates the rules governing the admission of foreign attorneys in South Africa from two perspectives. First, it considers them in the light of the international law obligations of the country and second it evaluates whether or not they comply with the South African Constitution, and more specifically with the Bill of Rights entrenched in the South African Constitution. While the new legislation may assist in ensuring the compliance of South Africa with the relevant GATS rules, it will depend on the regulations which still have to be promulgated to what extent the new legal framework will achieve the full compliance of South Africa with all relevant GATS rules.The paper concludes with recommendations for the reform of the Legal Practice Act. It argues that while the requirement to be a South African permanent resident in order to qualify for admission as an attorney may be justifiable in terms of GATS and in terms of South African constitutional law, it is not in South Africa's best interest to retain it. Consequently, the paper calls for the repeal of the permanent residence requirement for admission as an attorney in the county.
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De Waal, Elda. "Religious and Cultural Dress at School: A Comparative Perspective." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 6 (June 9, 2017): 61. http://dx.doi.org/10.17159/1727-3781/2011/v14i6a2608.

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This article investigates and compares the different approaches towards the dress code of learners[1] in South Africa and the United States of America (US), as the US mainly base litigation concerning school dress code on their freedom of speech/expression clause, while similar South African court cases focus more on religious and cultural freedom. In South Africa, school principals and School Governing Bodies are in dire need of clear guidelines on how to respect and honour the constitutionally entrenched right to all of the different religions and cultures. The crisis of values in education arises from the disparity between the value system espoused by the school and the community, and that expressed in the Constitution of the Republic of South Africa, which guarantees learners' fundamental rights, including those of freedom of religion, culture, expression and human dignity. On the one hand, the South African Schools Act requires of School Governing Bodies to develop and implement a Code of Conduct for learners, and on the other, that they strictly adhere to the Constitution of the country when drawing up their dress codes. The right of a religious group to practise its religion or of a cultural group to respect and sustain its culture must be consistent with the provisions of the Bill of Rights (which is entrenched in the Constitution) and this implies that other rights may not infringe on the right to freedom of religion and culture. In the US, although there is no legislation that protects learners' freedom of religion and culture at schools, their First Amendment guides the way. Their Supreme Court respects the religious values of all citizens provided that they are manifested off public school premises. While we acknowledge the existence of religious and cultural diversity at South African schools, this paper focuses on the tension among and on the existence of different approaches towards the human rights of learners from different religious and cultural backgrounds in respect of dress codes.[1] The terms learner/s and student/s are used interchangeably in the article, since South Africa uses the one and the US uses the other to indicate school-going persons.
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De Wet, C. "Die invloed van taalhoudings op onderrigmediumkeuse in Suid-Afrika." Literator 21, no. 3 (April 26, 2000): 37–58. http://dx.doi.org/10.4102/lit.v21i3.495.

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The influence of language attitudes on the choice of the medium of instruction in South Africa The South African Constitution (Act 108 of 1996) recognises language as a basic human right and emphasises the right of choice of every individual with regard to the language of learning and teaching (LOLT). In exercising their democratic language choice, the majority of South African learners and their parents reject their right to mother-tongue education and disregard research findings that emphasise the benefits of mother-tongue instruction. From a study of subject-related literature it has become clear that the masses in South Africa believe that a knowledge of English is the key to economic and political empowerment. Against the background of these findings, the article reports on an empirical study on the language attitudes of undergraduate Education and B.Ed. students at the Bloemfontein and Queenstown campuses of the University of the Free State. The study confirms the findings of the subject-related study to a large extent, namely that English is seen as the key to economic and political empowerment. The opposite is, however, proven by literacy and poverty figures, as well as by studies on blacks’ proficiency in English. Proceeding from the economic, political and educational realities, the article offers a few suggestions for the development of African languages as LOLT.
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Spreen, Carol Anne, and Salim Vally. "Education rights, education policies and inequality in South Africa." International Journal of Educational Development 26, no. 4 (July 2006): 352–62. http://dx.doi.org/10.1016/j.ijedudev.2005.09.004.

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M. Sefoka, Isaiah, and Kola O. Odeku. "Critical Analysis of the Right to Education for Pregnant School-going Teenage Girls in South Africa." African Journal of Gender, Society and Development (formerly Journal of Gender, Information and Development in Africa) 10, no. 3 (September 1, 2021): 73–85. http://dx.doi.org/10.31920/2634-3622/2021/v10n3a4.

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Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.
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Dissertations / Theses on the topic "Right to education – South Africa"

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Govender, Mahalingum. "Balancing the educator's rights to fair labour practices and to strike with the right to education." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1565.

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This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.
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Taiwo, Elijah Adewale. "The implementation of the right to education in South Africa and Nigeria." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1392.

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The thesis examines the right to education in South Africa and Nigeria. It presents the right to education as an empowerment right which is given a wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. It asserts that the right to education is a right with a multiplying effect in the sense that where it is effectively guaranteed, it enhances the enjoyment of all other rights and freedoms, and when it is denied, it precludes the enjoyment of many other human rights. The thesis examines the provisions of relevant international and regional human rights instruments to assess the adequacy of a framework that applies to South Africa and Nigeria's obligations regarding the right to education. It argues that those instruments impose obligations on all the States to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It argues that by having ratified those international agreements in which the right to education is protected, both South Africa and Nigeria assume obligations under international law, enjoining them to realise the right to education and to respect freedoms in education. The study adopts a comparative approach and relies on primary and secondary sources of data; the data is subjected to an in-depth content analysis. The focus of the comparison is on whether the South African's position regarding the right to education can inform Nigeria's interpretation of the right to education. The reason being that the Nigerian Constitution does not provide for the right to education as a basic right as exists in South Africa. The Nigerian Constitution categorised the right to education under “fundamental objectives and directive principles” which are non-justiciable. In this sense, the thesis argues that the legal classification of the right to education, to a large extent, affects its realisation in Nigeria. It suggests that an important area where Nigeria could learn from South Africa is the issue of justiciability and constitutionalising the right to education as well as other socio-economic rights. In terms of implementation, the thesis submits that despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries. It argues that the right to education is more than a mere school attendance, how well a learner progresses in school is equally important. It posits that the high failure rates and the progressive slide in students' performances in schools xx examinations as shown in the study illustrate the poor quality and falling standard of education in the two countries. South Africa enjoys one of the highest rates of formal school enrolment of any developing country, yet the link between access and success is also weak in the South African schools just as in Nigerian schools. Inadequate planning, poor implementation of policies, lack of adequate resources and commitments are identified as the prime factors hampering the implementation of the right to education in both countries. Solving these problems and making the right to education realisable call for a renewed government commitments and investment of appropriate human and financial resources on education. This also requires a strong political will as well as concerted efforts of all the various actors in the educational sector in the two countries.
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Browne, Ruth Hannah. "The right to education for refugees and asylum-seekers in South Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4684.

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Prinsloo, Dawn Lilian. "The right to mother tongue education a multi-disciplinary, normative perspective." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/365.

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The post-apartheid South African Constitution guarantees the children of this country “the right to receive education in the official language or languages of their choice in public education institutions where that education is reasonably practicable” (The Constitution of the Republic of South Africa, Act 108 of 1996, Section 29 (2)) (Juta’s Statutes 2003). Yet ten years into the new dispensation nothing significant has been done to alter a situation in which the majority of children are obliged to access their basic education largely through the medium of a second or even a third language — English. In contravention of both the intentions and the specific provisions of numerous legislative measures and policy statements, Government has made no serious or effective attempt to promote the use of any language other than English in South African schools nor to encourage language practices most conducive to the cognitive development and academic success of millions of non-English speaking pupils. To make matters worse, most of the children who enter the school system with very little knowledge of English and are expected to make an abrupt transition to that language as a medium of instruction after a totally inadequate three years are from impoverished households and communities still suffering the gravest effects of the discrimination and oppression of apartheid. They are often underprepared and seriously disadvantaged by their background circumstances when they enter the culturally strange and intimidating western-style education system. To heap on top of these disadvantages the burden of language practices in the classroom that hinder rather than facilitate their access to education is indefensible. When Macdonald asks, “ Are our children still swimming up the waterfall?” (Macdonald 2002: 111) she is not exaggerating. In these circumstances and if ineffective language teaching and inadequate use of the mother tongue as a medium of instruction can be shown to bar effective access to basic education of an acceptable standard, there are far more serious and far-reaching implications in terms of human rights than just the right to choice of language medium. Linguistic research into medium of instruction has tended to be isolated from evaluative legal approaches to minority language rights, children’s rights, education rights or other fundamental human rights. Insufficient attention has been given to the interrelationship between the various rights and the importance of local conditions and circumstances in any assessment of their relative weight and enforceability. Human rights cannot be seen out of context, and theory from various disciplines, such as politics, economics and linguistics may be invaluable in forming a fresh perspective on the right to mother tongue education and, indeed, to basic education in general. The principle of non-discrimination in education is generally recognised, to be sure, as is the importance of ensuring access to and quality of education (Strydom 1992/93:139), but the dependence of these factors on the most appropriate medium of instruction within the education system does not merit much attention in the literature. The right to basic education tends to be seen as separate from any possible right to choice of medium of instruction and the latter often merely as a question of convenience or preference, at best a qualified right (Oosthuizen and Rossouw 2001: 666), dependent on feasibility, numbers and available finance (Motata and Lemmer 2002: 111). In fact, the case for regarding the right to mother tongue education as a strong positive right in many contexts and countries does not appear yet to have been made. This study is theoretical in nature and constitutes an attempt to fill this gap by examining the findings and views of experts from various disciplines within the framework of current thinking on human rights issues. The development of a coherent framework within which to view the right to mother tongue education and government obligations in connection therewith might be of some value to policy makers in their efforts to plan improvements within the education system. The synthesis and possibly, to a limited extent, the development of theory from the relevant disciplines will be undertaken by means of a survey of the relevant literature, an analysis of not only local but also international legislation and policy documents and the weighing and balancing of conflicting evidence and contrasting viewpoints. Sources and contributions in each area will be discussed under the headings outlined in Chapter 3. First, however, I should like to provide an overview of the educational, political and economic context in which mother tongue education must be considered.
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Geyer, Simone. "Education is an essential service." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020875.

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This treatise investigates the extent to which education could be declared an essential service. This is informed by an ongoing public perception that education is in a crisis as a result of the ease within which teachers embark on wildcat strikes, the level of absenteeism in schools, the manner in which communities prevent learners from attending school to place pressure on the state to meet service delivery demands, the lack of professionalism among teachers and the performance of our learners in achieving international benchmarks of results. The treatise critically explores the debate, in the South African context, on the need to declare education as an essential service in South Africa. This is done by examining the international benchmarks set by the International Labour Organization (ILO) in relation to essential services and what motivating reasons exist, if any, to proceed with declaring education as an essential service. There is a dire need to find a balance between the teachers’ right to strike and the learners’ right to basic education. At the moment there is a threat to this balance with the rights of teachers appearing to override those of learners and this has a negative impact on the learning outcomes and stability in education. The question that arises is what measures must the South African government put in place to ensure that the fundamental rights to education are not compromised. If the current situation continues to prevail it has the danger of retarding the development of a society in transition. There is a need for urgent intervention that takes on a consensus-based approach of identifying education as an essential priority in the interests of all. Can this be achieved by developing a minimum service level agreement for education that outlines which levels of teachers may go on strike? Can policy be regulated that outlines the duties of principals and deputy principals as those who are in the authority of the state and as such may not go on a strike? Can this be achieved without compromising the rights of any citizen as guaranteed in the Constitution of South Africa? The solution that this treatise provides to these vexing questions attempts to balance the rights of teachers with those of learners with a view to normalizing and stabilizing education in South Africa. It recommends that policy be set in place for principals and deputy principal that identifies them as part of those public servants who are in the authority of the state and therefore may not embark on a strike. This will enable the state to gain control of striking situations in education to ensure that there is still authority at the schools to maintain some level of minimum service, especially where there are very young learners. At the same time this will not be so severe as to render a strike in education ineffective for the teachers’ not to be able to exert force on the state to achieve improved conditions of service for themselves.
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Kopkowski, K. "The right to a basic Education in South Africa: Providing content to the right to achieve adequacy in Schools." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/28260.

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This dissertation is a multi-disciplinary examine at the meaning of a right to basic education in South Africa. It will attempt to better understand the present circumstances in schools and the disparities in educational resource s, both material and human. In order to provide context for an unfamiliar reader, a brief review of the history of education will be provided. Resource disparities between the wealthy (minority) and middle class and poor (majority) will be reviewed and discussed with special focus on the Western C ape, where the research for this dissertation was conducted. The Western Cape is also the site of the ethnographic work collected and arranged in a section of the dissertation. US Legal cases surrounding education, a brief overview of the possibilities and problems of the legal approach are included in order to challenge but ultimately support the notion of the utility of the law as a tool to achieve substantive changes in educational equality. Recent cases in South Africa addressing the right are introduced as indicative of the possible jurisprudential trajectory that lies ahead. Finally, a list of the resources deemed 'basic' and necessary for educational success will be included and fleshed out within the dissertation.
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Msindo, Esteri Makotore. "The role of civil society in advancing education rights : the case of Gadra Education, Grahamstown, South Africa." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1016500.

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This thesis has identified and analysed the role of an NGO called Gadra Education in advancing education rights to the less advantaged people of Grahamstown in South Africa. Gadra Education’s role has been identified as twofold. Firstly as an educational NGO, Gadra Education’s initiatives directly impact on the lives of the less economically and socially privileged learners who, due to their previous learning environment in state schools, do not achieve academic results that ensure entry into tertiary level. Secondly its role is identified in its nature as an organisation that emerged due to the deficiencies in the state schooling system. It therefore stands de facto as a critical institution for critique of the state’s education system. The thesis concludes that without confronting the Department of Education or collaborating with it, Gadra Education offers a significant alternative approach which can potentially influence the state to improve the state schooling system. Its strategy of non-confrontation to the state, informal and non-corporatist is advantageous as an NGO that focuses on the actual provision of education. It focuses on instilling Ubuntu values of sharing and giving that are of critical significance in teaching and learning. The context of the thesis is located broadly within socio-economic rights and specifically on education rights. In South Africa where the state has not adequately met the educational obligations for the economically and socially less privileged citizens, the emergence of educational NGOs that focus on providing education to the poor is of vital importance. Although other NGOs that confront the state are important in pushing the state to deliver especially on school infrastructure, teacher deployment and other educational challenges, Gadra Education model ensures academic success for the learner. Lessons can be drawn from Gadra Education which can be potentially useful to state schools and other NGOs that seek to advance education rights to disadvantaged communities.
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Netshitahame, Nyadzanga Evelyn. "An analysis of learners' knowledge and understanding of human rights in South Africa." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-10172008-130614.

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Omar, Mathias. "Constitutional protection of the right to education in Tanzania and South Africa : a comparative study." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16792.

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Strong defines the term “constitution” as a framework according to which a political society is structured, where permanent institutions with specific and pre-determined functions and rights are created, through law. The main functions of a constitution include satisfaction of the demands of citizens of a state that their rights will be protected and that the government power will be limited; guarantee that both the rights and responsibilities of the citizen and of the government are exercised according to fixed stipulations to prevent arbitrary decision-making and actions.2 The constitution also guarantee the political order that develops in a state, and according to which the governing function will take place, is structured and is in the interest of all concerned; and satisfies demands and expectations of separate communities that form a political unit concerned.3 A constitution therefore establishes legality and legitimacy of a political system and government of a state. The constitutional stipulations must be valid and generally acceptable. The political processes must run concordantly with the stipulations to attain its objectives such as improvement of its citizens‟ well being socially and economically through protection of their rights.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr.E.Y. Benneh at the Law Faculty, University of Ghana, Legon. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Lenaghan, Patricia Michelle. "The right to freedom of religion in the public domain in South Africa." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9062_1363775015.

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Within the context of South Africa&lsquo
s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights. 
The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered. 
International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to 
is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the 
right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion 
albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of 
religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are 
interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards
secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments 
f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and 
an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal 
systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence 
scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all 
its aspects and in particular the right to freedom of religion.
 

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Books on the topic "Right to education – South Africa"

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Christie, Pam. The right to learn: The struggle for education in South Africa. 2nd ed. Braamfontein, South Africa: Ravan Press, 1991.

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Trust, Sached, ed. The right to learn: The struggle for education in South Africa. Braamfontein, South Africa: Ravan Press, 1985.

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Woolman, Stu. The constitution in the classroom: Law and education in South Africa, 1994-2008. Pretoria: Pretoria University Law Press, 2009.

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Brahm, Fleisch, ed. The constitution in the classroom: Law and education in South Africa, 1994-2008. Pretoria: Pretoria University Law Press, 2009.

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Follow-up Conference on International Educational Assistance to Disadvantaged South Africans (1992 New York, N.Y.). The educational crisis and human resources development for a new, non-racial and democratic South Africa: Papers submitted to the Follow-up Conference on International Educational Assistance to Disadvantaged South Africans, New York, 8-9 September 1992. [New York]: United Nations, 1993.

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Stein, Pippa. Multimodal pedagogies in diverse classrooms: Representation, rights and resources. London : New York, NY: Routledge, 2008.

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Ramphele, Mamphela. Across Boundaries: The Journey of a South African Woman Leader. New York: The Feminist Press, 1997.

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Australia. National Office of Overseas Skills Recognition. South Africa: A comparative study. Canberra: Australian Government Publishing Service, 1993.

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Hugo, Elsbeth. Effective music education in South Africa. Pretoria: Human Sciences Research Council, 1993.

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Hauptfleisch, Sarita. Effective music education in South Africa. Pretoria: Human Sciences Research Council, 1993.

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Book chapters on the topic "Right to education – South Africa"

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Vally, Salim, Enver Motala, and Brian Ramadiro. "Education Rights, Education Policies, and Inequality in South Africa." In Revolutionizing Pedagogy, 41–63. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230104709_3.

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Themane, Mahlapahlapana J. "Creating Rights-Based and Inclusive Schools in South Africa." In Inclusive Education in African Contexts, 37–47. Rotterdam: SensePublishers, 2017. http://dx.doi.org/10.1007/978-94-6300-803-7_3.

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Hasina, Ebrahim, and Phatudi Nc. "Rights-based early childhood development in South Africa." In Early Childhood Education and Change in Diverse Cultural Contexts, 34–50. Abingdon, Oxon : New York, NY : Routledge, 2018. | Series: Routledge research in early childhood education: Routledge, 2018. http://dx.doi.org/10.4324/9780203732052-4.

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Tibbitts, Felisa, Thomas Nygren, Judit Novak, Denise Bentrovato, Johan Wassermann, and Anamika. "Insights from Students on Human Rights Education in India, South Africa, Sweden and the United States." In Human Rights Education Globally, 51–73. Dordrecht: Springer Netherlands, 2020. http://dx.doi.org/10.1007/978-94-024-1913-9_3.

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Carrim, Nazir. "Human Rights and the Limitations of Releasing Subaltern Voices in a Post-Apartheid South Africa." In International Handbook of Comparative Education, 765–79. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-1-4020-6403-6_49.

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Brankovic, Jasmina. "“People’s Power” in the Age of Human Rights: Victims’ Contributions to Education in Post-Apartheid South Africa." In Transitional Justice and Education, 189–210. Göttingen: V&R unipress, 2018. http://dx.doi.org/10.14220/9783737008372.189.

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Sirota, Sandra. "The Role of Human Rights Education in Social Movements: Case Studies in South Africa and the United States." In Globalisation, Human Rights Education and Reforms, 111–25. Dordrecht: Springer Netherlands, 2016. http://dx.doi.org/10.1007/978-94-024-0871-3_7.

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Sukumane, Joyce B. "Language Policy in Education and the Future of Indigenous Languages in Post-Apartheid South Africa." In Language Legislation and Linguistic Rights, 248. Amsterdam: John Benjamins Publishing Company, 1998. http://dx.doi.org/10.1075/impact.2.17suk.

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Prinsloo, Paul. "South Africa." In SpringerBriefs in Education, 67–81. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-5787-9_8.

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Golightly, Aubrey, and Christo P. van der Westhuizen. "South Africa." In International Perspectives on Geographical Education, 139–56. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-44717-9_9.

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Conference papers on the topic "Right to education – South Africa"

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Matshikiza, Sipokazi, and Simon Kiyingi Luggya. "IMPLEMENTATION OF MULTICULTURAL EDUCATION IN SOUTH AFRICA." In 12th annual International Conference of Education, Research and Innovation. IATED, 2019. http://dx.doi.org/10.21125/iceri.2019.1712.

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Herselman, Marlien, and Matt Warren. "Cyber Crime Influencing Businesses in South Africa." In InSITE 2004: Informing Science + IT Education Conference. Informing Science Institute, 2004. http://dx.doi.org/10.28945/2838.

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This study shows that cyber crime is a recent addition to the list of crimes that can adversely affect businesses directly or indirectly. This phenomenon was not directly prosecutable in South Africa until the enactment of the ECT Act in July 2002. However this Act also prevents businesses to fully prosecute a hacker due to incompleteness. Any kind of commercially related crime can be duplicated as cyber crime. Therefore very little research appears or has been documented about cyber crime in South African companies before 2003. The motivation to do this study was that businesses often loose millions in cyber attacks, not necessarily through direct theft but by the loss of service and damage to the image of the company. Most of the companies that were approached for interviews on cyber crime were reluctant to share the fact that they were hacked or that cyber crime occurred at their company as it violates their security policies and may expose their fragile security platforms. The purpose of this study was to attempt to get an overall view on how South African businesses are affected by cyber crime in the banking and short term insurance sector of the South African industry and also to determine what legislation exist in this country to protect them. The case study approach was used to determine the affect of cyber crime on businesses like banks and insurance companies and higher education institutions. Each case was interviewed, monitored and was observed over a period of a year. This study discloses the evaluation of the results of how cyber crime affected the cases, which were part of this study. The banks and higher education institutions felt that they were at an increased risk both externally and internally, which is likely to increase as the migration towards electronic commerce occurs. The insurance industry felt that they are not yet affected by external cyber crime attacks in this country.
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Steyn, Eunice, Riana Steyn, and Carina De Villiers. "South Africa Micro Entrepreneurs: Mobile ICT Adoption." In InSITE 2015: Informing Science + IT Education Conferences: USA. Informing Science Institute, 2015. http://dx.doi.org/10.28945/2235.

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The objective of this paper was to determine the perceived barriers and motivators of mobile ICT adoption by South African micro entrepreneurs. Current research shows that mobile ICT can help ensure the success of micro enterprises. However, there are barriers and motivating factors, which influence the mobile ICT adoption rate of micro enterprises and they seem to differ between countries. Semi-structured interviews with a number of South African micro entrepreneurs were used in this study to determine the barriers and motivators relevant in a South African context. The results from this study show that each individual entrepreneur has their own subset of factors, unique to their situation and environment, which influences their ICT adoption rate. Attempts to increase the mobile ICT adoption rate amongst South African entrepreneurs therefore needs to consider the unique set of mobile ICT adoption barriers and motivators that each entrepreneur faces.
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Anyango, Jecton Tocho, and Hussein Suleman. "Teaching Programming in Kenya and South Africa." In Koli Calling '18: 18th Koli Calling International Conference on Computing Education Research. New York, NY, USA: ACM, 2018. http://dx.doi.org/10.1145/3279720.3279744.

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"An Investigation into the State of Environmental Education and the use of Technology in Environmental Education in Gauteng, South Africa." In Nov. 18-19, 2019 Johannesburg (South Africa). Eminent Association of Pioneers, 2019. http://dx.doi.org/10.17758/eares8.eap1119442.

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Luggya, Simon Kiyingi, Ellen Kereng Luggya, and Melikhaya Skhephe. "TEACHER MOTIVATION ON SCHOOL PERFORMANCE IN SOUTH AFRICA." In 12th International Conference on Education and New Learning Technologies. IATED, 2020. http://dx.doi.org/10.21125/edulearn.2020.2168.

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Strydom, Kariena. "DIVERSITY CHALLENGES FOR FEMALE ACADEMICS IN SOUTH AFRICA." In 10th International Conference on Education and New Learning Technologies. IATED, 2018. http://dx.doi.org/10.21125/edulearn.2018.0683.

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"A Multi-Disciplinary Approach for Excellence in Research and Teaching and Learning in Higher Education." In Nov. 27-28, 2017 South Africa. EARES, 2017. http://dx.doi.org/10.17758/eares.eph1117005.

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Ngcobo, Patience, and Marlien Herselman. "Evaluating ICT Provision in Selected Communities in South Africa." In InSITE 2007: Informing Science + IT Education Conference. Informing Science Institute, 2007. http://dx.doi.org/10.28945/3168.

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The main focus of this paper is to evaluate the provision of ICT in three rural communities in Kwa-Zulu Natal (KZN) in South Africa to determine how the needs of these communities can be addressed. Both qualitative and quantitative research methodologies were applied to address this focus. Results are compared and recommendations are presented that may best meet the needs of the rural communities.
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De Kock, Ryan, and Lynn A. Futcher. "Mobile device usage in higher education institutions in South Africa." In 2016 Information Security for South Africa (ISSA). IEEE, 2016. http://dx.doi.org/10.1109/issa.2016.7802925.

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Reports on the topic "Right to education – South Africa"

1

Cachalia, Firoz, and Jonathan Klaaren. Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa: Towards a public law perspective on constitutional privacy in the era of digitalisation. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/04.

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In this working paper, our focus is on the constitutional debates and case law regarding the right to privacy, adopting a method that is largely theoretical. In an accompanying separate working paper, A South African Public Law Perspective on Digitalisation in the Health Sector, we employ the analysis developed here and focus on the specific case of digital technologies in the health sector. The topic and task of these papers lie at the confluence of many areas of contemporary society. To demonstrate and apply the argument of this paper, it would be possible and valuable to extend its analysis into any of numerous spheres of social life, from energy to education to policing to child care. In our accompanying separate paper, we focus on only one policy domain – the health sector. Our aim is to demonstrate our argument about the significance of a public law perspective on the constitutional right to privacy in the age of digitalisation, and attend to several issues raised by digitalisation’s impact in the health sector. For the most part, we focus on technologies that have health benefits and privacy costs, but we also recognise that certain technologies have health costs and privacy benefits. We also briefly outline the recent establishment (and subsequent events) in South Africa of a contact tracing database responding to the COVID-19 pandemic – the COVID-19 Tracing Database – a development at the interface of the law enforcement and health sectors. Our main point in this accompanying paper is to demonstrate the value that a constitutional right to privacy can bring to the regulation of digital technologies in a variety of legal frameworks and technological settings – from public to private, and from the law of the constitution to the ‘law’ of computer coding.
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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Unterhalter, Elaine, and Elaine Unterhalter. Looking the other way : gender and education in South Africa. University of Witwatersrand, 2016. http://dx.doi.org/10.35648/20.500.12413/11781/ii062.

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Robinson, Natasha Robinson, and Nick Taylor Taylor. Secondary Education in Sub-Saharan Africa Teacher Preparation Deployment and Support Case Study: South Africa. Toronto, Ontario Canada: Mastercard Foundation, March 2019. http://dx.doi.org/10.15868/socialsector.36823.

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Lam, David, Cally Ardington, Nicola Branson, and Murray Leibbrandt. Credit Constraints and the Racial Gap in Post-Secondary Education in South Africa. Cambridge, MA: National Bureau of Economic Research, November 2013. http://dx.doi.org/10.3386/w19607.

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Murray, Nancy. Developing a Language in Education Policy for Post-apartheid South Africa: A Case Study. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.7218.

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Case, Anne, and Motohiro Yogo. Does School Quality Matter? Returns to Education and the Characteristics of Schools in South Africa. Cambridge, MA: National Bureau of Economic Research, October 1999. http://dx.doi.org/10.3386/w7399.

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Nelson, Tobey, Eka Esu-Williams, Lungile Mchunu, Pinkie Nyamakazi, S'Fiso Mnguni, Katie Schenk, Catherine Searle, and Jennifer Redner. Training youth caregivers to provide HIV education and support to orphans and vulnerable children in South Africa. Population Council, 2008. http://dx.doi.org/10.31899/hiv12.1000.

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Unterhalter, Elaine, Amy North, Jenni Karlsson, Jane Onsongo, and Herbert Makinda. Four forms of disconnection : negotiating gender, education and poverty reduction in schools in Kenya and South Africa. Unknown, 2009. http://dx.doi.org/10.35648/20.500.12413/11781/ii066.

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Unterhalter, Elaine, Jenni Karlsson, Amy North, Chris Yates, Veerle Dieltiens, Setungoane Letsatsi, Herbert Makinda, and Jane Onsongo. Girls, gender and intersecting inequalities in education : a reflection from case studies in South Africa and Kenya. Engendering Empowerment: Education and Equality; UNGEI, 2010. http://dx.doi.org/10.35648/20.500.12413/11781/ii069.

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