The right to basic education in South Africa: Lessons from Section 27 and others v minister of education and another (2012) ZAGPPHC 114

Abstract

This article proffers a critical discussion on the right to basic education in South Africa. It argues that access to basic education is society’s crucial developmental aspect. Further that minimal or lack of commitment and respect for education largely impact adversely on the realization of Millennium Development Goals, and constitute a recipe for disaster in any country. The article is a product of distress subsequent to a dismal experience resultant from a failure by Limpopo Department of Basic Education to honour and carry out its obligations of providing and delivering textbooks. Provision of textbooks to schools constitute state’s non-derogable duty which is indispensable in reinforcing the transformative ideals of the Constitution, that aid the commitment of realizing the right to basic education and uplifting societal literacy. It is argued that nationwide workshops and campaigns ought to be carried out in view of propagating for respect, care and commitment to deliver quality basic education to the populace. Further that there exists a desperate need for a reinforced system that ensures quality leadership and accountability for the progressive realization of this essential right. The South African Constitution, other legislation, international instruments, articles and case law were utilized in the completion of this article.