Promoting Access to Education in South Africa: A Sequential Reflection on a specific case
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Abstract
The South African educational sector and the learners continues to witness restricted access due to deleterious conduct of school management personnel such as school principals and or teachers. This remains a pervasive problem despite the provisions of section 29 of the 1996 Constitution, which provides for the right to access education. Learners are still denied access to education and educational institutions and this problem escalate unabated by those entrusted with responsibilities to promote access and protect learners such as school principals and teachers. Looking into the case of Moko and other predecessor cases reviewed in this study, the paper argue that there is a need to promote access and improve awareness interventions in order to enlighten those entrusted with the responsibilities to combat any conduct aimed at devaluating access to education.
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Cases
Adam Legoale v MEC for Education, North West, North West High Court, Mafikeng, case no 499/11, unreported.
Centre for Child Law v Minister for Basic Education Eastern Cape [2012] 4 All SA 35 (ECG).
Governing Body of the Juma Musjid Primary School & Others v Essay N.O. and Others 2011 (7) BCLR 651 (CC)
Head of Department, Department of Education, Free State Province v Welkom High School and Another 2011 4 SA 531 (FB)
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Moko v Acting Principal of Malusi Secondary School and Others (CCT 297/20) [2020] ZACC 30; 2021 (4) BCLR 420 (CC).
Mutukane and others v Laerskool Potgietersrus 1996 (3) SA 223 (TPD).