A legal analysis of the constitutional right to basic education in Zimbabwe and South Africa (original) (raw)

Rights (1948) Article 26 (1) '1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages'. See also Convention on the Rights of the Child, (1989) Article 28 1. 'States and Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory and available free to all'. 4 McCowan T Education as Human Right: Principles for a Universal Entitlement to learning, (Bloomsbury Academic, 2013) 13. 5 Ibid. With such recognition of the important rewards of education, section 75 6 of the Constitution of Zimbabwe, 2013 and section 7 of the Constitution of South Africa, 1996 provide for the right to education. Of significance for this study is that, section 75 (1) (a) of the Zimbabwean Constitution and section 29 (1) (a) of the South African Constitution provide a benchmark of education called 'basic education'. Section 75 (1) (a) of the Zimbabwean Constitution provides that 'every citizen and permanent resident has a right to a basic state-funded education' 8 and section 29 (1) (a) of the South African Constitution provides that 'everyone has a right to basic education'. 9 The constitutional provision of the right to basic education by both the Zimbabwean 6 Constitution of Zimbabwe, 2013, S75. Right to education '1. Every citizen and permanent resident of Zimbabwe has a right to: A. A basic State-funded education, including adult basic education, and B. Further education, which the State, through reasonable legislative and other measures, must make progressively available and accessible. 2. Every person has the right to establish and maintain, at his/her own expense, independent educational institutions of reasonable standards, provided they do not discriminate on any ground prohibited by this Constitution. 3. A law may provide for the registration of educational institutions referred to in subsection (2) and for the closing of any such institutions that do not meet reasonable standards prescribed for registration. 4. The State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of the right set out in subsection (1)'.