The right to basic education of a child is a requirement of human dignity. South Africa, through its new dispensation and conformity with human rights laws, is expected to transform and be consistent with the provision of the Constitution of 1996 that promotes and protects the best interest of the child. However, the current standards in a…

The indigenous sub-Saharan African philosophy of "ubuntu" that comes down to the expression: "I am a human being because of being with other human beings", developed over centuries. This philosophy, embodying the notion of deep respect for all human beings, is rooted in a humane inclination towards kindness and sound…

There is a critical need for sex, sexuality and relationships education to be LGBTQI inclusive. Numerous studies, internationally and in South Africa, highlight this need but what constitutes an inclusive curriculum has not been sufficiently addressed. This paper seeks to advance this conversation by imagining a curriculum beyond compulsory…

Social inclusion policy in higher education--also referenced as affirmative action, reservations, schedules, or antidiscrimination--has been used widely to promote equity and access for minority and historically discriminated subgroups who wish to participate in tertiary education. Inclusion is often protected de jure through a country's…

Section 28(1)(c) of the South African Constitution (1996) unequivocally affirms that children are the only vulnerable group with an explicit right to social services. Nonetheless, the practical realisation of this right remains elusive for many children, leaving them without access to vital social services. Through the theoretical framework of…

In this article we report on a qualitative study done in Pretoria, South Africa, in which we investigated the experiences of 2 representatives of the Gauteng Department of Education (GDE); School Governing Body (SGB) spokespersons from 4 schools located in the Gauteng province, 2 representatives of the Federation of SGBs, 4 principals from 4…

The time has come for a thorough review of the "Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners" (hereafter the Guidelines). More than 20 years after its original publication, no amendments have been made to this important document. To substantiate the case for review, some of the most…

Children's right to education is key to unlocking global human and economic development. The right is protected by multiple human rights norms and treaties, but inadequate state spending and discrimination prevent millions from going to school, while keeping others trapped in substandard schools without textbooks, adequately trained teachers,…

Bullying conjures up visions of the traditional schoolyard bully and the subordinate victim. However, bullying is no longer limited to in-person encounter, having come to include cyberbullying, which takes place indirectly over electronic media. In this electronic age, cyber platforms proliferate at an astonishing rate, all attracting the youth in…

While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context,…

The central feature of Athenian citizens' rights, that is, people's participation in government, is also enshrined in the South African Constitution. This article argues for the Athenian style of participatory democracy as a viable model of participation in governing South African schools. The author claims that "people's education",…

This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its…

The South African Constitution guarantees the right to basic education for all learners, including children of immigrants from across the country's borders. In view of this constitutional imperative, the Department of Basic Education is mandated to provide quality education to all learners, irrespective of their socio-economic and other…

There is an inextricable link between democracy, education and the law. After 15 years of constitutional democracy, the alarming percentage of dysfunctional schools raises questions about the efficacy of the system of local school governance. We report on the findings of quantitative and qualitative research on the democratisation of schools and…

The main focus of this paper is on the triangulated work of the 1996 South African Constitution, the Pan South African Language Board (PanSALB), and one of the latter's eleven language subsidiaries: the English National Language Body (ENLB), with special reference to the ENLB's likewise triadic projects on literature; on variation and…