Abstract

KAMGA, Serges Djoyou. The legal battle for the universal access to primary education in Swaziland. De Jure (Pretoria) [online]. 2019, vol.52, n.spe, pp.540-556. ISSN 2225-7160.  http://dx.doi.org/10.17159/2225-7160/2019/v52a31.

This article examines the extent to which Swaziland complies with its obligation under international law and section 29 of its Constitution to implement the right to primary education. To this end, it examines two court decisions by the same name in different years, related to the same set of facts, but with different outcome. The case name is, Swaziland National Ex-Miners Workers Association v The Minister of Education (2009), which epitomises the legal battle for universal access to primary education. In its analysis of the Ex-Miners Workers Association case, the article seeks to draw lessons from the 20 years of the Centre for Child Law's (CCL) education litigation in South Africa. From the CCL's litigation experience, the Swaziland courts should learn how to craft structural interdicts that can enable them not only to comply with the law, but to also consider the broad socio economic and political environment.

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