JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Four years following South Africa’s declaration upon the ratification of the ICESCR and jurisprudence on the right to basic education: A step in the right direction? pgs 270-298

Volume: Volume 23 - 2019

Article type: Refereed article

Author/s: Nanima, Robert Doya and Durojaye, Ebenezer

Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa’s ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and the declaration that subjected the right to basic education to the National Education Policy Framework and the available resources, on the other.

This article interrogates the efficacy of this declaration in the realisation of the right to basic education in South Africa. It utilises a three-step approach. First, it contextualises the right to education and evaluates the declaration. Secondly, it evaluates selected decisions of the South African courts to establish the trend on the right to basic education. The third step juxtaposes the executive’s and the courts’ approaches from the ratification to date. A conclusion and recommendations inform the way forward.

About the author/s

Ebenezer Durojaye

Ebenezer Durojaye is a Professor at the Dullah Omar Institute, University of the Western Cape, and Project Head of the Social Economic Rights Project. https://orcid.org/0000-0002-7182-4096

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Robert Doya Nanima

Robert Doya Nanima is a Senior Lecturer in the Department of Criminal Justice and Procedure, Faculty of Law, University of the Western Cape. Member of the African Committee of Experts on Rights and Welfare of the Child and Special Rapporteur on Children affected by Armed Conflict. https://orcid.org/0000-0001-8825-3376

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