The Limpopo textbook litigation: a case study into the possibilities of a transformative constitutionalism

Veriava, Faranaaz

doi:10.1080/02587203.2016.1210920

Cited by 9 publications

(3 citation statements)

References 1 publication

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“…While physical resources and infrastructure are by themselves insufficient to guarantee the right to education, they are unquestionably imperative for this given their direct effect on the quality and viability of education and the human dignity of learners. Provision of resources and infrastructure must, therefore, be prioritised if education is to achieve social justice and assist in poverty reduction (Veriava 2016). Given the prevailing situation as evidenced by the findings of this study, it is evident that the war to promote the right to education based on the principles of social justice is far from being won.…”

Section: Teaching and Learning Resourcesmentioning

confidence: 88%

Untitled

2023

AJE

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All ATINER's publications including its e-journals are open access without any costs (submission, processing, publishing, open access paid by authors, open access paid by readers etc.) and is independent of presentations at any of the many small events (conferences, symposiums, forums, colloquiums, courses, roundtable discussions) organized by ATINER throughout the year and entail significant costs of participating. The intellectual property rights of the submitting papers remain with the author. Before you submit, please make sure your paper meets the basic academic standards, which includes proper English. Some articles will be selected from the numerous papers that have been presented at the various annual international academic conferences organized by the different divisions and units of the Athens Institute for Education and Research. The plethora of papers presented every year will enable the editorial board of each journal to select the best, and in so doing produce a top-quality academic journal. In addition to papers presented, ATINER will encourage the independent submission of papers to be evaluated for publication. The current issue is the first of the tenth volume of the Athens Journal of Education (AJE), published by the Education Unit of ATINER.

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Section: Teaching and Learning Resourcesmentioning

confidence: 88%

Untitled

2023

AJE

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“…118 Disadvantage can be ascribed to: 119 the extant history of apartheid's formalised inequality and subjugation in education, 120 as well as subsequent inadequate maintenance and construction of infrastructure, a lack of transport, non-delivery of learning material, human resource deficits, etc; and absent or abdicated management, oversight, and long-term planning from government at all levels. 121 Education is an empowering right with transformative potentialthe potential to lift individuals and entire communities out of abject poverty and into the economy. 122 However, education is only empowering when accessible.…”

Section: Case Law Examination: Provisioning For Educationmentioning

confidence: 99%

School of Court: The Development of the Right to Basic Education Through Litigation in South African Courts

Osei-Fofie

Herd

2021

PSLR

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Education is a means to an end and a ‘good’ in-and-of-itself; but not everyone has equal access to it, if at all. South Africa’s history and extant legacy of colonial-apartheid has left in its wake structural barriers which continue to deny access to basic education for many, both young and old. Although there have been admirable reform efforts to engender system-wide improvements to access to and the quality of basic education through governance and the provisioning of resources, there are glaring shortfalls in making basic education ‘immediately realisable’ to ensure our constitutional vision of a transformed South Africa. Over time, non-governmental efforts aimed at realising basic education have turned to the courts to compel the state to make more equitable and qualitatively better provisions. In the historical and present circumstantial and structural status quo of basic education in South Africa, this paper explores the efficacy of such litigation efforts as well as litigation as a device to improve governance and access to basic education in our country.

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“…109 In other words, the court has, somewhat less explicitly, suggested that teaching and non-teaching posts in schools are further entitlements in respect of the right to basic education. 110 From an assessment of the case law discussed above, Veriava notes that numerous principles have come to the fore, including that the right to basic education is a right that is immediately realisable as a first-generation right, and that it requires the State to take all measures necessary to ensure its full realisation. 111 Moreover, the courts have seemingly adopted a content-based approach to the interpretation of the right to basic education in order to elaborate on the components that make up the 'basket of entitlements' due to all beneficiaries of the right thereof.…”

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confidence: 99%

BROKEN & UNEQUAL: THE SOUTH AFRICAN EDUCATION SYSTEM AND THE ATTAINMENT OF THE RIGHT TO BASIC EDUCATION THROUGH LITIGATION

Mateus

Shange

2021

PSLR

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In 1994, South Africa transitioned into a new democratic and constitutional society. Since then, the South African Constitutionnecessitates the transformation of the public basic education system. A new public education system aimed at addressing the malaise of the past. To this end, South African jurisprudence recognises the right to basic education as a right that must be (i) equally accessible to all and (ii) immediately realisable without delay. However, the new education system has not completely succeeded in eliminating the legacy of apartheid, and there are residual differences and polarisation on various grounds, such as race and/or class. Accordingly, this article concedes that a critical survey of South African jurisprudence on the realisation of the right to basic education reveals that there are problems in the delivery of the right to basic education in South Africa. This is particularly the case in relation to black and/or poor South African pupils in the public education system. As such, the article intends to show that litigation (or the threat thereto), plays a fundamental role in the realisation and fulfilment of the right to basic education in South Africa.

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The Limpopo textbook litigation: a case study into the possibilities of a transformative constitutionalism

Cited by 9 publications

References 1 publication

Untitled

Untitled

School of Court: The Development of the Right to Basic Education Through Litigation in South African Courts

BROKEN & UNEQUAL: THE SOUTH AFRICAN EDUCATION SYSTEM AND THE ATTAINMENT OF THE RIGHT TO BASIC EDUCATION THROUGH LITIGATION

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