Resumen

STROHWALD, Annemarie. The right to basic education as a primary driver of transformation in South Africa: considering cooperation. Obiter [online]. 2024, vol.45, n.3, pp.595-609. ISSN 2709-555X.

The South African Constitution provides expressly for the right to basic education, with a specific provision dedicated to such a right. The right to basic education is enshrined in section 29(1)(a) of the Constitution, which provides everyone with the right to a basic education. The constitutional right to basic education is viewed as a primary driver for effecting and advancing transformation in South Africa; the right to basic education is therefore considered through the lens of South Africa's transformative constitution. In analysing the transformative potential of the right to basic education, the article considers to what extent this transformative potential has been embraced with specific reference to compulsory and free basic education. The manner in which the Constitution and the South African Schools Act provides for compulsory and basic education is considered in relation to transformation. The article examines the effect of South Africa's history on the current education system. The role of the courts in providing content to the right is also analysed with reference to the incremental approach that has been adopted. At issue is also how we measure transformation and the availability of and access to data and information. The argument is made that cooperation and collaboration between different stakeholders and role players should be considered to be a key mechanism in advancing transformation to ensure that the transformative potential of the right to basic education is fully embraced.

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