The realization of the right to basic education in South Africa has been plagued by various problems in recent years. These problems contribute to the poor realization of the right to basic education in a number of schools across the country.
Limpopo scandal factual background
National Intervention in terms section 100(1) (b) of the Constitution
The intervention team identified a number of problems in Limpopo that led to the non-delivery of textbooks, but the most important were problems with financial management and cash flow management. As part of its intervention, the DBE established a purchasing and supply strategy for the textbooks that was cost-effective.
CONCLUSION
The sustainability of the measures put in place by the intervention team now requires close scrutiny. According to some problems identified by the intervention team in Limpopo was the weakness and incompetence of the leadership.
Introduction
Governing Body of the Juma Musjid Primary School and Others v Essay and Others 35
- Factual Background
- Proceedings in the Constitutional Court
- Did the MEC Fulfil Her Constitutional Obligation?
- The Trustees’ Constitutional Duty in Relation to the Learners’ Right to a Basic Education
The Court looked at the nature of the right to basic education, whether the MEC fulfilled its constitutional obligation and the duty of the Trust in relation to students' right to basic education. The Court carefully considered the nature of the right to primary education and ruled that this right, unlike some other socio-economic rights in the Constitution, is immediately realizable. 46 Article 26(1) of the Constitution provides that everyone has the right to access to adequate housing.
The importance of the case, as can be seen from the approach of the Constitutional Court, lies in how the court analyzes the nature and importance of the right to basic education, as guaranteed by the Constitution. The DBE also did not deny that the persistent lack of access to adequate resources in public schools constitutes a violation of the right to basic education.
Regulations Relating to Minimum Uniform Norms and Standards for Public School Infrastructure 67
The Educational Consequences of Inadequate Infrastructure
The applicants were of the opinion that there is a direct link between adequate school infrastructure and student performance. Section 7(2) of the Constitution requires the State to develop an integrated and comprehensive response to ensure that adequate infrastructure is provided. Just as, for example, independent anti-corruption mechanisms are a necessary part of the response to corruption, uniform minimum norms and standards are necessary to respond to the infrastructural needs of public schools.
According to the petitioners, the norms and standards provided for in section 5A of the MSASH have three main features, each of which would constitute a part of the integrated and comprehensive response required by the state to address the violation of students' rights to education basis, equality and dignity. . First, they establish minimum norms and standards, protecting against standards under which the right to dignity of students is violated.
Conclusion
The International Convention on the Elimination of All Forms of Racial Discrimination 120
For the last of the international instruments, we now look at the International Convention on the Elimination of All Forms of Racial Discrimination, (ICERD) and its importance. In implementing the commitment to eliminate racial discrimination, states agree to guarantee civil and political rights and economic, social and cultural rights in a non-discriminatory manner. Pursuant to Article 5(e)(v) of the Convention, States Parties undertake to eliminate racial discrimination in all forms and guarantee the enjoyment without discrimination of the right to education.
In other words, Article 2, paragraph 2, mandate for affirmative action.126 The monitoring of ICERD is entrusted to the Committee for the Elimination of Racial Discrimination. States parties are required to submit reports on the legislative, judicial, administrative or other measures they have adopted which give effect to the provisions of the Convention. 127.
THE PROTECTION OF THE RIGHT TO EDUCATION BY REGIONAL LEGAL INSTRUMENTS
The supervision of the ACHPR is entrusted to the African Commission on Human and Peoples' Rights. States parties are required to submit reports on the measures taken by them to give effect to the rights of the Charter.130. (c) rights and international human rights declarations and conventions; (d) the preservation of national independence and territorial integrity; the promotion and achievement of African unity and solidarity; (e) developing respect for the environment and natural resources; (f) promoting the child's understanding of primary health care.
(c) take special measures towards female, gifted and disadvantaged children to ensure equal access to education for all sections of the society, (d) promote and develop the personality of the child. Of particular relevance are the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, both of which have been ratified by South Africa.
Introduction
On appeal, the appeals court added that an education should enable people to obtain competitive employment and that the civic participation requirement "means more than just being qualified to vote or serve as a jury, but to do so skillfully and knowledgeable." 145 In light of this, this chapter will also attempt to demonstrate that South Africa's basic education cannot achieve such goals. Since the Constitution does not define what standard basic education should be, this US judgment can serve as a guide for South African courts to define how appropriate our basic education should be in order to adequately empower students. In addition, for this country's basic education to achieve the goals of basic education, it should be one that is freely available to all without discrimination, accessible to all physically and financially, and acceptable and adaptable to meet the needs of students and society.
The 4A- Scheme .1 Availability
Accessibility
Accessibility refers to the child's ability to enroll and attend school.152 This means that educational institutions and programs must be accessible to all.153 It is said that accessibility includes three aspects, accessibility without discrimination and physical and economic accessibility. 154 The issue of discrimination. in education was addressed in the previous chapter under paragraph 4.1.6 and the issue of charging school fees which is closely linked to economic accessibility was also dealt with in the previous chapter. Ensuring that education is economically accessible requires that those students who live in relative poverty must be assisted or supported by the state to ensure that they can gain access to education.155 In 2011, an application by 37 applicants to brought to the North West Court156 in Mafikeng. and the Center for Children's Law, represented by the Legal Resource Centre. 156 Adam Legoale v MEC for Education, North West, North West High Court, Mafikeng, case no 499/11, unreported.
The solution sought in the application was to offer adequate student transport free of charge. The Center for Children's Law requested that the North West Province's plans and programs for providing student transportation be produced and the details made public so that students and their parents could be informed of their rights.
Acceptability
In this case, the state is to be commended for finally taking steps aimed at promoting access to basic education, albeit after the threat of litigation and that the order would only benefit students of that province. Adaptability requires that educational policies should be able to take full account of individual differences and should be able to pay special attention to the needs of those children who are excluded from regular education, i.e. children with special needs.160 There must be a need for curriculum flexibility, adding and adaptation to special needs. Curricula must be adapted to the learning style of the children, and children with special needs must also be taken into account. 161.
In South Africa this case was the subject of the Western Cape Forum on Intellectual Disabilities v. Government of the Republic of South Africa.162 The Forum provides schools, centers and other services for 1200 children with intellectual disabilities in the Western Cape, but receives no support or funding from the Department of Education. The state argued that it provided education for children with moderate to mild intellectual disabilities, but did not bear the responsibility to immediately provide education for children with profound intellectual disabilities.
Conclusion
Such adequate basic education can be realized gradually with the help of society, including parents, teachers, trade unions, courts and of course the state, among others. Chapter 1 put the study in a clear perspective by giving the general overview of the study. The nature and extent of the crisis was recognized by the National Department of Basic Education.
She concluded that the cumulative effect of the problems she identified 'has given rise to a situation where many students are deprived of their constitutional right to education'. While the debate over whether or not a crisis exists in the South African primary education system, which I believe it does, major problems still exist that require immediate attention, particularly in the poorest schools in the country.
LITIGATION AS A POSSIBLE SOLUTION
It is now widely believed that textbooks, furniture and minimum infrastructural norms and standards, among other things, are needed for the state to enforce the right to basic education, this is due to the intervention of the courts. Chapter four of this dissertation examined South Africa's obligation to provide basic education as mandated by international and regional instruments. All these instruments seem to have in common the fact that member states must make basic education free and compulsory.
The chapter used these four characteristics to assess the inadequacy of basic education currently available in South Africa. The chapter concludes by arguing that, according to Berger's views, the current education system applied to the majority of black schools in the country is unconstitutional as it violates Articles 29(1)(a), 10 and 9(1) of the Constitution.
CONCLUSION
Many issues related to the implementation of the right to primary education around the world are not only legal issues, but also include policy, financial and social issues that are obviously beyond the scope of this study. It is clear that the general plan of the Constitution expected the government to do more when it comes to realizing socio-economic rights. The problem on the part of the government does not appear to be one of deliberate failure to realize the right to primary education.
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ECG)
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