Journal articles: '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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Odeku, Kola O., and Lufuno Nevondwe. "An Analysis of the Constitutionally Guaranteed Right to Basic Education in South Africa." International Journal of Educational Sciences 6, no. 3 (May 2014): 415–23. http://dx.doi.org/10.1080/09751122.2014.11890153.

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Sefoka, Isaiah Mmatipe. "Building the Builders to Ensure Delivery of Good Quality Education in South Africa: A Critical Legal Insight." Journal of Educational and Social Research 11, no. 4 (July 8, 2021): 67. http://dx.doi.org/10.36941/jesr-2021-0077.

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This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard. Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021

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Choma, Hlako, and Peter Ramphabana. "Legislative and policy frameworks for basic services: A South African comparative study." Journal of Governance and Regulation 4, no. 4 (2015): 735–39. http://dx.doi.org/10.22495/jgr_v4_i4_c6_p9.

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t is common course that equitable access to water and sanitation must be accordingly and primarily regarded as criteria for the realization of other several human rights, such as the right to life, dignity, health, food, adequate standard of living and education. Access to safe drinking water and sanitation is essential to the enjoyment of safety and environment that is not hazardous to human health. The lack of water and sanitation does not only hinder access to other available rights, but also magnifies the vulnerability of women, girls and people with disabilities. Water and sanitation services are of outmost important to the health and wellbeing of all people. South Africa is operating under one of the most outstanding legislative and policy frameworks for basic services in the world, including the Constitutional right of access to sufficient water and right to basic sanitation.

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Sloth-Nielsen, Julia, and Helen Kruuse. "A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012." International Journal of Children’s Rights 21, no. 4 (2013): 646–78. http://dx.doi.org/10.1163/15718182-02102005.

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This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.

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Du Toit, Nina (HG). "Designing a Model for Facilitating the Inclusion of Higher Education International Students with Disabilities in South Africa." Social Inclusion 6, no. 4 (December 6, 2018): 168–81. http://dx.doi.org/10.17645/si.v6i4.1666.

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Higher education in South Africa is regulated by several policies, and the obligation of increased access and participation of persons with disabilities into higher education is recognized in legislation (Department of Education, 1997; Department of Higher Education and Training, 2013). However, research indicates that the proportion of students with disabilities in higher education and in study programmes abroad is still very low worldwide (Fazekas, 2017; Organisation for Economic Co-operation and Development, 2011). Study opportunities for these students in higher education institutions abroad, including South Africa, should therefore be increased to provide equal access and experience in an inclusive higher education environment. This study explores possible reasons for the low engagement of South African students with disabilities in international mobility programmes and the function of key role-players in supporting international students with disabilities studying in South Africa (incoming students) and South African students with disabilities studying abroad (outgoing students). This study also explores the ways by which the exchange process could be facilitated more effectively within the context of an inclusive higher education environment. Data on the support services offered to these students was obtained by means of questionnaires sent to the International Relations Offices and Disability Rights Units at higher education institutions in South Africa. The study culminated in the design of a model which specifies the roles of the various role-players in supporting international students with disabilities during their pre-departure, study and return phases.

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Berger, Eric. "The Right to Education under the South African Constitution." Columbia Law Review 103, no. 3 (April 2003): 614. http://dx.doi.org/10.2307/1123719.

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Hlatshwayo, Mondli, and Salim Vally. "Violence, resilience and solidarity: The right to education for child migrants in South Africa." School Psychology International 35, no. 3 (May 15, 2014): 266–79. http://dx.doi.org/10.1177/0143034313511004.

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Klein, Melanie. "Creating the Authentic? Art Teaching in South Africa as Transcultural Phenomenon." Culture Unbound 6, no. 7 (December 15, 2014): 1347–65. http://dx.doi.org/10.3384/cu.2000.1525.1461347.

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The question about what art and craft from Black individuals in South Africa should look like as well as how and for what purposes it could be created was of prominent importance within the contact zone of educational institutions from the 1930s onwards. Art teachers of mostly European origin established provisional art educational venues for African students first, within the curricula of mission schools and then as workshops and art schools in their own right. They transferred modernistic concepts from Europe into the South African context, yet were also confronted with divergent expectations of their students and the overarching policy of Bantu Education that was launched in 1953. A closer look at selected case studies reveals complex and ambivalent theoretical approaches that were negotiated and discussed in the seemingly autonomous context of art schools and workshops. The teachers’ attitudes seemed to oscillate between the search for an ‘authentic’ African idiom and the claim to partake in global archives or in the making of an art history that was imagined as universally applicable. Art educational institutions perceived as transcultural contact zones exemplify a genesis of modern art from South Africa that was formed by mutually influencing perspectives apart from the restrictions for and the re-tribalisation of Black people imposed by the apartheid regime.

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Makapela, Sicelo, and Pius Tanga. "Accessing the Right to Basic Education in South Africa: Four Years after the Ratification of the Covenant on Economic, Social, and Cultural Rights." Perspectives on Global Development and Technology 19, no. 4 (November 17, 2020): 479–502. http://dx.doi.org/10.1163/15691497-12341566.

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Abstract This article examines access to the right to basic education enshrined in the South African Constitution. Underpinned by the human rights-based approach, the study employed survey questionnaires and in-depth interviews as methods of data collection. The results of the study revealed that the majority of the survey respondents contend that the post-apartheid state has fulfilled the right to basic education only to a small extent notwithstanding the existence of pre-schools, primary, and secondary schools located within a reasonable walking distance from the communities. Preference for the three classes was not equally distributed in the population, X2 (2, N= 500) = 99.68, p < 0.05. On the contrary, the majority of government participants interviewed rated the post-apartheid state fulfillment of the right to basic education in the Buffalo City Metropolitan Municipality as fair. Overall, all the government participants had a moderate view regarding the fulfillment of the right.

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Christie, Pam. "The complexity of human rights in global times: The case of the right to education in South Africa." International Journal of Educational Development 30, no. 1 (January 2010): 3–11. http://dx.doi.org/10.1016/j.ijedudev.2009.06.006.

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Isaacs, Doron. "Realising the Right to Education in South Africa: Lessons from the United States of America." South African Journal on Human Rights 26, no. 2 (January 2010): 356–85. http://dx.doi.org/10.1080/19962126.2010.11864994.

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Du Plessis, Lourens. "Religious Freedom and Equality as Celebration of Difference: A Significant Development in Recent South African Constitutional Case-Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (June 26, 2017): 9. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2739.

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This contribution focuses on the way in which the South African Constitutional Court has, since 1997, been dealing with the (seemingly) eccentric claims of (assumedly) idiosyncratic 'religious Others'. Developments in this regard have, for the time being at least, culminated in the Constitutional Court's landmark judgment in MEC for Education: KwaZulu Natal v Pillay 2008 (2) BCLR 99 (CC), 2008 (1) SA 474 (CC)(hereafter Pillay). Constitutional Court judgments since 1997 manifesting the adjudication of such unconventional claims are assessed, eventually getting to Pillay as benchmark. This remarkable judgment, dealing with a deceptively mundane issue, has played a considerable role in fleshing out a jurisprudence of difference, putting an adherent of a vulnerable, minority religion in the right. This is not just a high point in the adjudication of constitutional entitlements of the religious (and cultural) Other in South Africa, but also a significant contribution to the growth of a jurisprudence sensitive to the predicaments and constitutional entitlements of unconventional, 'non-mainstream' claimants of religious (and cultural) rights. Finally Pillay illustrates that the constitutional guarantee of the right to freedom of religion, conscience, belief and opinion (entrenched in section 15(1) of the Constitution of Republic of South Africa 1996) can be crucially dependent upon due effect being given to the proscription of unfair discrimination on the grounds of religion, conscience, belief and opinion elsewhere (namely in section 9(3)) of the Constitution.

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Sayed, Yusuf, Shireen Motala, David Carel, and Rashid Ahmed. "School governance and funding policy in South Africa: Towards social justice and equity in education policy." South African Journal of Education 40, no. 4 (November 30, 2020): 1–12. http://dx.doi.org/10.15700/saje.v40n4a2045.

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Equity and redress, in and through education, are fundamental commitments of the new South African democratic government that ensued in 1994 after a brutal and protracted history of colonial and apartheid segregation and oppression denied the majority black population the fundamental right to equitable and quality education. A raft of ambitious and far-reaching policies were put in place to achieve these laudable goals. Yet more than 26 years after the ending of colonial and apartheid rule, the South African education system, and society in general, remain, far from equal – made apparent by the current COVID-19 pandemic. In this paper we take a critical (re)look at South African education governance and funding policies, considering why the South African Schools Acts (SASA) and the National Norms and Standards for School Funding (NNSSF), first promulgated in 1997 and 1998 and subsequently amended, have not delivered as expected on the promises of equity, redistribution and redress. The paper advances conceptual flaws, operational failures and implementation naivety as to why these promises have not been realised, advocating for an alternative social justice model for school governance and funding.

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Fadilah, Febi. "Urgency of Civic Education in the Global Context (Human Rights) in South Africa and Hong Kong." Journal of Moral and Civic Education 2, no. 1 (August 1, 2018): 8–15. http://dx.doi.org/10.24036/885141221201877.

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Citizenship education exists because the problems that occur in society. The urgency of citizenship education is very important due to global issue of human rights that occur in South Africa and Hong Kong. The purpose of this article is to show how we can see the urgency of citizenship education in the context of global issues (Human Rights) in South Africa and Hong Kong both theoretically and factually. This research uses descriptive qualitative method by seeking some information from 15 national indexed journal, documentation and some other sources that support the research objectives and metaanalysing to get critical and valid research. The results of this study says that citizenship education has an important role viewed by historically and empirically in minimizing human rights issues, society have an erudation of their country and participate in understanding of universal citizenship to face global challenges. Keywords: citizenship education, urgency, humas rights issues, South Africa, Hong Kong ABSTRAK Pendidikan kewarganegaraan hadir karena permasalahan yang terjadi dalam kehidupan masyarakat disuatu negara. Pendidikan kewarganegaraa sangat penting untuk meminimalisir permasalahan isu global HAM yang terjadi di Afrika Selatan dan Hong Kong. Tujuan dari artikel ini adalah untuk mengkaji lebih dalam urgensi pendidikan kewarganegaraan dalam konteks isu global (HAM) di Afrika Selatan dan Hong Kong baik secara teoritis maupun faktual. Penelitian ini menggunakan metode literatur review dengan cara mencari beberapa informasi dari 15 jurnal terindeks nasional yang relevan dan beberapa sumber-sumber lain yang mendukung tercapainya tujuan penelitian. Kemudian dilakukan analisis data agar mendapatkan hasil penelitian yang kritis dan valid. Hasil penulisan menunjukkan bahwa Pendidikan kewarganegaraan memiliki peranan yang sangat penting jika ditinjau secara historis dan empiris dalam meminimalisir permasalahan HAM yang terjadi di Negara Afrika Selatan dan Hong Kong, dimana masyarakat paham terhadap hak dan kewajibannya sebagai warganegara, memiliki pemahaman kewarganegaraan yang universal dalam menjawab tantangan global, dan mampu mengimplementasikannya dalam kehidupan sehari-hari. Kata kunci: pendidikan kewarganegaraan, urgensi, isu HAM, Afrika Selatan, Hong Kong

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Wills, Gabrielle. "Informing principal policy reforms in South Africa through data-based evidence." South African Journal of Childhood Education 5, no. 2 (December 7, 2015): 28. http://dx.doi.org/10.4102/sajce.v5i2.392.

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In the past decade there has been a notable shift in South African education policy that raises the value of school leadership as a lever for learning improvements. Despite a growing discourse on school leadership, there has been a lack of empirical based evidence on principals to inform, validate or debate the efficacy of proposed policies in raising the calibre of school principals. Drawing on findings from a larger study to understand the labour market for school principals in South Africa, this paper highlights four overarching characteristics of this market with implications for informing principal policy reforms. The paper notes that improving the design and implementation of policies guiding the appointment process for principals is a matter of urgency. A substantial and increasing number of principal replacements are taking place across South African schools given a rising age profile of school principals. In a context of low levels of principal mobility and high tenure, the leadership trajectory of the average school is established for nearly a decade with each principal replacement. Evidence-based policy making has a strong role to play in getting this right.

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van der Berg, Shanelle. "A Capabilities Approach to the Adjudication of the Right to a Basic Education in South Africa." Journal of Human Development and Capabilities 18, no. 4 (October 2, 2017): 497–516. http://dx.doi.org/10.1080/19452829.2017.1355895.

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Tangwe, Magdaline N., Pius T. Tanga, and Perpetua L. Tanyi. "Teachers’ Strikes and the Right of Learners to Education in South Africa: A Critical Literature Review." International Journal of Educational Sciences 11, no. 3 (December 2015): 234–43. http://dx.doi.org/10.1080/09751122.2015.11890394.

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Russell, S. Garnett, Sandra L. Sirota, and A. Kayum Ahmed. "Human Rights Education in South Africa: Ideological Shifts and Curricular Reforms." Comparative Education Review 63, no. 1 (February 2019): 1–27. http://dx.doi.org/10.1086/701100.

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Mubangizi, John C. "Human rights education in South Africa: Whose responsibility is it anyway?" African Human Rights Law Journal 15, no. 2 (2015): 496–514. http://dx.doi.org/10.17159/1996-2096/2015/v15n2a13.

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Couzens, Meda. "Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty) Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 391. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2469.

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Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.

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Stoop (Chürr), Chrizell. "Children's Rights to Mother-Tongue Education in a Multilingual World: A Comparative Analysis between South Africa and Germany." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 11, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a820.

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The importance of the mother tongue, and, more specifically, of mother-tongue education, is recognised globally. Use of the mother tongue is regarded as one of the most effective ways of acting and performing cognitively, socially and communally. The aim of this article is to encourage and promote the implementation and realisation of mother-tongue education through certain school/education models in order to achieve equality and liberation and to increase the incidence of high-performance education systems in a multilingual world. A comparative analysis of South Africa and Germany will also be undertaken with regard to language policies and the mother-tongue education situation in these countries' school systems. Several other aspects such as the choice of language as a fundamental right, the importance of international instruments, as well as some lessons to be learnt for both South Africa and Germany in respect of mother-tongue education, will be discussed. It will be concluded that, despite the existence of a multilingual world, the crucial importance of the use of the mother tongue and mother-tongue education should not be underestimated and/or ignored.

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Marais, ML, S. Drimie, and C. Boshoff. "Determinants for realisation of the right to food among adolescents in Sterkspruit, eastern cape province, South Africa." African Journal of Food, Agriculture, Nutrition and Development 21, no. 05 (July 6, 2021): 18131–53. http://dx.doi.org/10.18697/ajfand.100.19310.

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Globally, the youth population aged between 10 and 24 years is the fastest growing and faces health and nutritional challenges affecting their growth and development, livelihoods and future careers. The government needs to take necessary action towards the full realisation of the right to health, water, education and adequate standards of living, amongst others. A cross-sectional descriptive study using a mixed method approach was conducted. The study aimed at gaining an insight into perceptions about underlying factors, having an impact on the realisation of the Right to Food (RtF)of adolescents in the Sterkspruit area of the Senqu sub-district (Eastern Cape Province). It, furthermore, explored possible solutions and opportunities to facilitate the progressive realisation of the RtF for adolescents in this area. In-depth interviews were held with eight (8) key informants who were actively involved in the community. Fifty (50) adolescents aged 10 to 19 years completed a self-administered questionnaire and participated in Focus Group Discussions, stratified for gender and age. Through content analysis of qualitative data, transcripts were coded and emerging themes were grouped, using the ATLAS.ti 7 text analysis programme. Sixteen (16) percent of the adolescents sometimes had access to only one food source at home and have experienced hunger at times. The most pressing issues identified by participants, which compromises the realisation of adolescents’ right to food and health, was hunger caused by a combination of a monotonous diet, lack of agrarian resources, unemployment and mismanagement of Child Support Grants. Although government was regarded as the main duty-bearer responsible for the realisation of the RtF, it was perceived to be inefficient in taking sustainable measures to enhance food security in this resource-poor area. Very few participants identified adolescents’ own responsibility as rights-holders. The implementation of a human rights-based approach is needed for both the duty-bearers and rights-holders to facilitate adolescents’ physical and economic access to sufficient, safe and nutritious food.

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Sefoka, Isaiah Mmatipe, and Kolawole Sola Odeku. "Perspective on Transformative Educational Interventions Developed for Empowerment and Capacitation of Learners in South Africa." Journal of Educational and Social Research 10, no. 6 (November 18, 2020): 186. http://dx.doi.org/10.36941/jesr-2020-0119.

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In South Africa, progressive transformative educational interventions have been implemented since the country became a democratic government in 1994. These interventions were meant to eliminate all past colonial and apartheid eras educational segregation laws and policies which denied the black majority access to quality education. This paper explains the intrinsic contents and contexts of these interventions by demonstration how these interventions are being used to redress the past educational segregation and injustices. It highlights that the Constitution provides for the right to education and that other legislation, policies and educational institutions were introduced to enable and ensure the delivery of quality education to learners in order to make them competent and employable in the workplaces and/or to establish their own businesses and be self-employed. The paper concludes that in order to develop capable and competent human capital and resources, access to and delivery of quality education and training are essential potent tools to accomplish this feat.

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Oluwatayo, I. B., M. I. Marutha, and M. P. Modika. "Food security in South Africa: are the correlates the same for rural and urban households?" Food Research 5, no. 1 (November 1, 2020): 36–42. http://dx.doi.org/10.26656/fr.2017.5(1).298.

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Food security is a serious issue topping the developmental agenda of most countries across the globe. This is one of the key issues highlighted in the sustainable development goals (SDGs) of which most countries are signatories to. South Africa, a developing country in Africa is not spared of the pang of food insecurity considering the number of inhabitants of the country that are food insecure especially in the rural communities of the country. This review paper, therefore, explores and correlates food security in South Africa to ascertain whether the drivers in the rural and urban areas are the same. Delineation of these correlates is considered to be pertinent for right targeting of the poor and highly vulnerable households and individual since national food security is not tantamount to food security at household and individual levels. The paper concludes that income and educational status of households are key determinants of food security and hence, the need to intensify efforts at enhancing the capacity of households in South Africa through education to translate for better jobs and increase income-earning opportunities.

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Daniels, Berenice. "Developing inclusive policy and practice in diverse contexts: A South African experience." School Psychology International 31, no. 6 (December 2010): 631–43. http://dx.doi.org/10.1177/0143034310386536.

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Pre-1994, South Africa was a country riddled with inequality and discrimination stemming from the policy of ‘apartheid’. Since 1994, there have been considerable efforts made to enable the country to move toward becoming non-racial and democratic, with a culture of human rights and social justice. One of the primary tasks of the new democratically elected government was a reform of the education system. Specialized Education was initially neglected, but then in 1996 a National Commission was appointed to investigate Special Needs in Education and Education Support Services, of which the author was one of the co-ordinators. The timeline for the full implementation of the resulting White Paper 6 on Inclusive Education is 20 years. Inclusive Education in South Africa aims to meet the needs of all learners by addressing barriers to learning, welcoming diversity and fostering maximum participation by all in the culture of the school. This article, based on the author’s experience, will discuss the challenges for implementation of the policy in one of the South African districts which field-tested the recommendations in White Paper 6, a district with diverse contexts, the emerging promising practice, and the implications for specialized support professionals, in particular the role of school psychologists.

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Monyooe, Lebusa A. "Inclusive education and training systems: Illusion or reality? The story of Nothemba." education policy analysis archives 13 (January 7, 2005): 3. http://dx.doi.org/10.14507/epaa.v13n3.2005.

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This article explores the challenges facing the South African National Department of Education in its commitment to provide equal educational opportunities for all. The Story of Nothemba is central to the theme of this paper. It describes the story of a South African girl born in eQebe, whose physical disability and systematic disregard for her constitutional rights dashed her life time dream and passion to become a lawyer in a democratic South Africa. The paper argues for a critical interrogation of the following dynamics that have the potential to complicate both the implementation and optimization of the Inclusive Education Policy: (i) Understanding the social stereotypes about disability, (ii) Teacher empowerment, (iii) Systemic imbalance between support and expectations, (iv) Adopting relevant curriculum policy and assessment strategies and practices, and (v) Utilizing the research logic to inform policy implementation. The paper further calls for a robust interrogation at conceptual level about disability' to inform the current policies on education and training, teacher training and development, curriculum and assessment strategies.

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Iya, Philip. "Enhancing the Teaching of Human Rights in African Universities: What Role for Law School Clinics?" International Journal of Clinical Legal Education 7 (July 18, 2014): 20. http://dx.doi.org/10.19164/ijcle.v7i0.94.

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This Paper aims at exploring the weight accorded to the teaching of human rights in law schools generally and in particular it will attempt to examine the status of human rights in clinical legal education (herein after referred to as “CLE”) in law schools in Africa, with a view to recommending more emphasis in the teaching of human rights and the establishment of specialist human rights clinics as a viable growth initiative for CLE, especially in Africa. Concerns over similar issues were seriously debated during the last conference on Educating Lawyers For Transnational Challenges held from 26–29 May 2004 in Hawaii, USA, (herein after referred to as the “Hawaii Conference”) just as much as they formed a serious bone of contention during the design and implementation of the new LL.B curriculum for South African Universities especially in 1997 and 1998. Because of the intricate issues involved, the emerging concerns are likely to continue. The purpose of raising the concerns here is to increase awareness, provoke more discussion and encourage empirical research on a subject matter considered to be of absolute importance for legal education generally and in Africa in particular.

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Stander, Sunelle. "Subordination vs. agency/resistance in South Africa: Virgins bargaining their way through higher education." STJ | Stellenbosch Theological Journal 2, no. 2 (December 31, 2016): 431–45. http://dx.doi.org/10.17570/stj.2016.v2n2.a20.

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Oppression manifests itself in various ways, such that intersections between different forms of oppression can be identified. This is also true for women living in South Africa, a country that has for years been plagued by many forms of oppression (racism, sexism, classism, etc.). Women are, amidst various forms of oppression, often left with few alternative options but to bargain with various forms of gender relations as a means to obtain basic human rights (like education). Recent student protests have highlighted the discriminating ways in which black students are kept from obtaining higher education. The so called “maidens bursary”, awarded to underprivileged girls who vow to stay virgins throughout their studies, will be used as a case study that examines an alternative route to which underprivileged women may resort in order to obtain a quality education. The notion of patriarchal bargaining will then be used to illumine the often unrecognized, complex and interwoven relationship between subordination and agency/resistance that operates within the South African context.

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Flowers, Nancy. "The Global Movement for Human Rights Education." Radical Teacher 103 (October 27, 2015): 5–16. http://dx.doi.org/10.5195/rt.2015.237.

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An overview of the global movement for human rights education (HRE), its impetus, challenges, and contrasting developments in different regions of the world, focusing especially on Latin America, the Philippines, South Africa, the Middle East, and Europe. Seeks to put HRE in the USA into an international perspective, as well as to show the variety of goals that inspire HRE and how methodologies have evolved to meet specific regional and political cultures and needs.

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Liebenberg, Janet, Magda Huisman, and Elsa Mentz. "Software: University Courses versus Workplace Practice." Industry and Higher Education 29, no. 3 (June 2015): 221–35. http://dx.doi.org/10.5367/ihe.2015.0254a.

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There is a shortage of software developers with the right skills and knowledge, not only in South Africa but worldwide. Despite reports of a gap between industry needs and software education, the gap has mostly been explored in developed countries and in quantitative studies. This paper reports on a mixed methods study of the perceptions of professional software developers regarding what topics they learned from their formal education and the importance of these topics to their actual work. The analysis suggests that there is a gap between software development education and workplace practice and recommendations for software development education are made.

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Gobind, Jenni, and Wilfred Isioma Ukpere. "Effectiveness of HIV/AIDS voluntary counselling and testing at a university in South Africa." Corporate Ownership and Control 12, no. 3 (2015): 522–33. http://dx.doi.org/10.22495/cocv12i3c5p4.

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The increasing prevalence rates of HIV amongst South Africans 20 years and above, raises a concern as to the rising trend of the epidemic in similar age group within Higher Education Institutions (HEIs). Higher Education HIV/AIDS Programme (HEAIDS), in conjunction with HEIs and the South African government have undertaken to implement HIV/AIDS workplace programmes within universities in South Africa. Voluntary Counselling and Testing (VCT) is a critical component of most universities HIV/AIDS workplace programmes. The rationale for promoting VCT is to encourage testing. An uptake in testing offers a crucial benefit, participants become aware of their status, and in most instances this awareness leads to safer sexual practices which in turn help reduce the number of new infections. A dominate sequential explanatory mixed methodology was adopted for the study. However, the quantitative method was dominant in the mixed method. A sample size of 739 respondents responded to the flouted questionnaire during the quantitative phase. This was followed by the qualitative interview of which 14 participants answered the semi structured interview questions. The findings revealed that more respondents are aware of the availability of VCT sessions, when compared to the number of respondents who actually participated in the testing. It was further disclosed in the findings that awareness of the availability of VCT sessions at the university unfortunately does not amount to testing and thus does not result in the intended changes sought after by HEAIDS or the Department of Education. Research suggests that HEIs are not really helping students to realise their right to remain HIV negative. HEIs need to be concerned, and HIV/AIDS institutional offices, in particular, need to revisit the VCT with the intention of re-attracting student and staff participation

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Thaba-Nkadimene, Kgomotlokoa Linda. "The influence of educational provision on teacher performance and learner outcomes among Limpopo primary schools." South African Journal of Education 40, no. 4 (November 30, 2020): 1–10. http://dx.doi.org/10.15700/saje.v40n4a2039.

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In the study reported on here the problem of inadequacies in educational provisioning among public schools that has a negative influence on teachers’ productivity and learners’ academic outcomes was examined. The primary objective of this study was to examine teachers’ and principals’ perceptions on the influence of educational provision on teacher performance and learner outcomes. The study was informed by critical social theory. The study tapped from the interconnection of constructivist and interpretivist paradigms and qualitative research, in using lived experiences and reflections of participants. Semi-structured interviews and observations were used to collect data from 5 school principals and 10 teachers in 5 primary schools in the Limpopo province, South Africa. Inadequacies in school provisioning was found to influence teacher performance and learner outcomes, causing psychological stress and low morale among teachers as a result of poor working conditions. Inadequacies in school resources constitute an unfair and unjust practice by the Department of Education and infringes upon learners’ right to education. Such infringement exacerbates learners’ demotivation, which subsequently results in them dropping out of school. Poor schools ultimately exclude Black students from quality education in South Africa. I recommend that the Department spearheads the implementation of the Framework on Equitable Provision of Infrastructure in Public Schools as a matter of urgency to ensure equity and access for poor schools.

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Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal 18, no. 1 (February 21, 2015): 0. http://dx.doi.org/10.17159/1727-3781/2015/v18i1a13.

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The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).

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Thapliyal, Nisha, Salim Vally, and Carol Anne Spreen. "“Until We Get Up Again to Fight”: Education Rights and Participation in South Africa." Comparative Education Review 57, no. 2 (May 2013): 212–31. http://dx.doi.org/10.1086/669477.

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De Sas Kropiwnicki, Zosa O., Jean Elphick, and Rosalind Elphick. "Standing by themselves: Caregivers’ strategies to ensure the right to education for children with disabilities in Orange Farm, South Africa." Childhood 21, no. 3 (May 9, 2014): 354–68. http://dx.doi.org/10.1177/0907568214526263.

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Mafugu, Tafirenyika. "A Comparison of Selected Assessment Results before and during the COVID-19 Pandemic in One University in South Africa." International Journal of Higher Education 10, no. 7 (July 22, 2021): 74. http://dx.doi.org/10.5430/ijhe.v10n7p74.

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The study examined the impact of coursework-only assessment, as made necessary at the onset of the COVID-19 pandemic, adopting a quantitative research approach with 1013 students. The data obtained were analysed using SPSS version 27.0 to obtain descriptive and inferential statistics. The results revealed significant differences between the 2019- and 2020 marks for the same courses. In two of the science courses (T2 and T3), the mean scores for 2019 were significantly higher than the mean scores for 2020. In the mathematics course, the 2020 marks were significantly higher than the marks for 2019. While a normal distribution was assumed for the science courses, the mathematic course showed marks that were skewed to the right. A higher number of distinctions in the F1 course and a significant decline in the mean scores for T1 and T2 implies that there is a need for professional development of lecturers teaching in the online space. It is, therefore, recommended that higher education lecturers need adequate professional development on setting and administering online assessments. The assessment should test adequate lower- and higher-order cognitive skills for sufficient testing of student knowledge during online assessments. Furthermore, a variety of assessment methods and a diversity of tasks may be used to ensure the reliability of the assessment outcomes.

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Serfontein, EM. "The nexus between the rights to life and a basic education in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 18, no. 6 (March 4, 2016): 2264. http://dx.doi.org/10.4314/pelj.v18i6.07.

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Engelbrecht, Petra, Marietjie Oswald, Estelle Swart, Ansie Kitching, and Irma Eloff. "Parents’ Experiences of Their Rights in the Implementation of Inclusive Education in South Africa." School Psychology International 26, no. 4 (October 2005): 459–77. http://dx.doi.org/10.1177/0143034305059021.

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Guana, E. W. M., J. Louw, and N. C. Manganyi. "Thoughts about Death and Dying in an African Sample." OMEGA - Journal of Death and Dying 20, no. 3 (May 1990): 245–58. http://dx.doi.org/10.2190/prxn-6yhe-d36u-g7t0.

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The attitudes toward death and dying of 163 Xhosa-speaking respondents living in Transkei, South Africa were assessed by means of semi-structured interviews. Eight aspects of death were studied: personal death, death of others, the right to know about one's impending death, preferred length of life span, preferences for manner of dying, and place of death, euthanasia, and suicide. A number of critical factors in the formation of attitudes were related to the above: age, gender, belief in life after death, educational level, and exposure to death and dying. The findings concerning the salient aspects of death and dying were in many ways similar to those from previous studies in African as well as western societies. Age, gender, belief in life after death, and education influenced the number of respondents reporting certain attitudes in a number of cases.

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Danns, Dionne. "Northern Desegregation: A Tale of Two Cities." History of Education Quarterly 51, no. 1 (February 2011): 77–104. http://dx.doi.org/10.1111/j.1748-5959.2010.00311.x.

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Throughout American history, African American communities have fought for desegregated education, equal school funding, and the right to a quality education. Many activists and scholars have long believed that a racially desegregated education would be the best way to educate citizens in a democratic society. Segregated education has historically been a reality for many African Americans throughout the nation. Before the National Association for the Advancement of Colored People (NAACP) successfully won the Brown v. Board of Education (1954) Supreme Court case, much of the attention to racial segregation was paid to the South, although there had been numerous cases fought in the North before the Brown decision. After Brown, the NAACP decided to take their school desegregation litigation to the North in an effort to fight de facto segregation. The federal government also became involved in school desegregation with the passage of the 1964 Civil Rights Act (Title IV and VI) and through the U.S. Department of Health, Education, and Welfare (HEW) and the Justice Department who enforced the act. Court cases, along with the federal government efforts, pushed school districts in the North and South to desegregate.

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

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