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Why
do we have the right to basic education in our Bill of Rights?
Under apartheid,
the government forced an unequal and inferior education on black
communities by not providing proper schooling facilities to black
communities, and by teaching a curriculum of a lower standard than
that provided to whites. They did this to ensure that black communities
could not compete in the job market, but would instead serve the
South African economy through the provision of manual labour and
other poorly paid jobs.
Today, this
history of apartheid education continues to haunt us. Many schools
in black communities remain poor and are without enough teachers,
classrooms and books. Many of these schools are also without water,
electricity and sanitation. The extent to which our schools continue
to be riddled with historic inequalities can be seen in the lack
of basic facilities. The Minister of Education, Prof Kader Asmal,
in Parliament in May 2001, gave the following information:
- 45% (12 257)
of the country’s 27 148 schools remain without electricity;
- 27% (7 409)
are without clean water;
- 66% (17 907)
of schools were without adequate sanitation;
- 11.7% (3188)
did not have any sanitation at all; and
- 34 % did
not have telephones.
The Minister
also noted that none of the nine provinces had completed the delivery
of learning materials by the first day of the 2001 school year and
that by early May 2001 most provinces had still not completed delivery
of learning materials. He also stated that in 2000 there were 67
000 un- or under-qualified teachers in South African schools.
Under such
conditions schools cannot provide education of a standard adequate
to meet vocational needs of learners to enable them to participate
as equals in society, and to be able to choose their work of choice
and create a livelihood with dignity. The drafters of the Bill of
Rights recognised this historical legacy, through the inclusion
of the right to basic education in the Bill of Rights. As a result,
the government now has a constitutional duty to provide basic education
of a quality standard to all.
What
does the right to basic education mean?
Our Courts have
yet to interpret what this right means. However for learners to
have a quality education, the right to education must mean:
- That our
schools are functioning institutions. For this to happen, schools
must have teachers to teach learners, as well as classrooms so
that learners can learn in any, and all kinds of weather. Schools
must also have electricity, sanitation and running water.
- Education
must be “accessible” to all. Accessibility means that:
- Schools
must be close enough for learners to be able to attend schools.
“We walk, we don’t use a car. We walk so long.
Sometimes we are late because we are far away from school.
We try to change the road thinking we will arrive earlier,
but we don’t“ (Boy, 11 NP).
- Education
must be affordable so that any learner, no matter how poor,
can attend school. Where a learner cannot afford to pay school
fees and therefore cannot attend school, education is not
accessible.
“I am not in school. There isn’t anyone to
take me to school… My father is not working, and when
my mother sends money he drinks it, buys dagga and alcohol.”
(Boy, 16, WC).
Likewise, education is not accessible to those children who
cannot afford uniforms, books and stationery.
“My problem is I am not having pens. The teacher
sends us home to ask for school fees and my aunt doesn’t
have money to pay.” (Girl, 10, NP)
- No school
must discriminate against a particular group, or individual,
and must be open to all learners.
“The teachers shout at you. They say that we cannot
sit on the seats at school because we don’t pay school
fees. People who sit on the chairs are those who pay school
fees. The teachers like to swear at us… they keep on
teasing us about the school fees. It is not nice because we
also like to pay, we just don’t have any money.”
(Girl, 11, NP)
- Education
must be of an acceptable standard for all. This means that the
curricula taught and the teaching methods used must be of a high
quality so as to ensure that all learners are taught skills that
give them access to a livelihood.
What
are the problems faced by learners today?
There are many
problems faced by learners today that prevent learners from enjoying
the right to basic education. The most common problems are:
- Schools are
very poor and without basic and essential facilities. In some
instances learners have to learn under trees.
- Learners
are sexually harassed and / or abused by teachers or other learners.
- Learners
are being taught in languages they find difficult to understand.
- Learners
have to walk long distances to get to school because there is
no school in the area or transport is too expensive.
- Where parents
are unable to pay the schools fees, many schools are unlawfully
turning learners away from school and discriminating against them
in other ways.
What
can you do if you suspect a learner’s right has been abused?
You can approach
a body such as the South African Human Rights Commission (SAHRC),
or the Legal Resources Centre (LRC) to assist or advise. You can
also approach the Education Rights Project that has been established
specifically to deal with issues relating to the right to basic
education. Their contact details are:
The Education
Rights Project,
Centre for Applied Legal Studies
Private Bag 3
Wits University
2050
(011) 717 8600 (Tel)
(011) 403 2341 (Fax)
Drafted
by Faranaaz Veriava (Education Rights Project) & Patricia
Martin and Solange Rosa (ACESS).
ACESS’s
CONTACT DETAILS
Patricia
Martin – National coordinator
e- mail: patricia@acess.org.za
Tel: (021) 761 1468
Solange
Rosa – Advocacy coordinator
e-mail: solange@acess.org.za
Tel: (021) 762 6414
Telephone: (021) 761 0117
Fax: (021) 761 4938
Address: Office
1, 1st floor, Findlay and Tait House, corner of Main and Gabriel
Roads. Plumstead, 7800 |
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