Equal Educational Opportunities Defined and Evaluated--Some Practical Observations

Overview & Synopsis

In general terms South Africa has a progressive and developed legal framework aimed at ensuring equal opportunities in education. One may describe this legal framework as "advanced" and in particular respects perhaps even as "excellent". There was obviously much that those responsible for devising the framework could learn from the past. Despite this generally positive assessment, there are certain unsatisfactory aspects concerning section 29 of our Constitution, 1996. In addition to the lack of a sufficiently broad provision of freedom of choice in all relevant areas in public education, the Constitution could have been clearer on the concepts "basic education" and "further education". In addition the fact that there is only a reference to educational "standards" in regard to education in the section dealing with independent or private education, is problematic. There should have been an express reference to education of a reasonable or adequate standard in regard to public educational institutions.