CHAPTER 21 TAKING RIGHTS FORWARD: MOBILISATION, ORGANISATION AND PUBLIC PARTICIPATION Daniel Sher and Hopolang Selebalo

372 Basic Education Rights Handbook – Education Rights in – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 373 The right to education is justiciable, which means that you can use the courts to hold government to its obligations in this area.

INTRODUCTION RIGHTS AND THE NEED people can use the right to education auditing whether infrastructure FOR PUBLIC ACTION as a lever for change, by arguing that upgrades that were promised Section 29 of the Constitution establishes it is being violated, and therefore, have been delivered. THE STATE OF EDUCATION According to the South African remarks that the crisis in education the right to education. Unlike some other there must be some action taken. IN SOUTH AFRICA Human Rights Commission ‘…South in South Africa is both physical and rights, the right to education is unqualified, This can take place at different The right to education is justiciable, South Africa has a long and well-known Africa has seen improvements in access pedagogical. The physical crisis can be and must be immediately realised. This levels. At a local level, you could which means that you can use the courts history of unequal education. The most to education… to benefit previously seen in the lack of basic resources, such as means that the government is not allowed use the right to argue for taking to hold government to its obligations famous instance of this is the apartheid- disadvantaged children. Since 1994 sanitation, textbooks, furniture, and even to say that it cannot afford to uphold action about issues such as: in this area. But going to court can era Bantu Education Act of 1953, which enrolment rates have improved, reaching classrooms. The pedagogical crisis, on the this right because of other priorities • Unfair discrimination taking be costly, and is sometimes out of built on older colonial education and 98% in Grades 1-9…’ The poorest 60% other hand, is represented by the absence or budget commitments – it must do place in your school reach for learners and parents in poor saw the creation of multiple, racially- of schools are now no-fee schools. of good-quality teaching and the resulting everything it can to uphold it. This right • Exclusion of learners who cannot communities. Also, the government segregated education departments However, the education system is low levels of skills. The Department of has both negative and positive aspects. pay school fees (and the illegal does not always obey court orders. (including education departments in each still deeply unequal, and many learners Education itself has reported that: • The negative component refers charging of fees by no-fee schools) For ordinary learners, parents and ‘independent’ homeland) with different receive low-quality education, particularly In South Africa, virtually all children of to a government obligation • Disciplinary procedures community members, a more viable curricula and radically unequal funding. at former ‘African’ schools. The Minister a primary school-going age are now not to take action that unfairly • Decision-making first option (or a strategy to be used in Since the end of apartheid, the various of Basic Education, Angie Motshekga, enrolled in school. But numerous local discriminates against people, for • Teacher vacancies combination with use of the courts) is to and international surveys conducted departments of education have been has gone so far as to describe South over the last decade or so have shown example on the basis of race. • Lack of basic infrastructure. make their voices heard in a way that can united, and racially segregated schools Africa’s education system as being that the majority of these children are • The positive component requires influence school governance structures have been outlawed. The amount of in a state of ‘crisis’, and a ‘national seriously underperforming in basic the government to go further, and At a national and provincial level, you and policy-makers. In the main, this does money spent by the government on catastrophe’. She stated that the system literacy and numeracy. In the Trends in take action which will promote and might be interested in changing: not happen when they are speaking alone. school children has been equalised is plagued by ‘pockets of disasters’, International Maths and Science Study provide education which meets the • Policy, such as campaigning for laws Rather, public support for the issue needs (TIMSS) of 2003 the average score for across races, and government has including teacher absenteeism in South African [learners] was the lowest needs of its people, by establishing and that specify the basic infrastructure to be mobilised, and supporters need to introduced a small degree of pro- ‘former African schools’, lack of school out of the 46 participating countries in maintaining an education system. a school needs to function be organised into a structure that can lead poor school funding (not counting infrastructure and mismanagement both mathematics and science at the • Budgeting, such as participating in the the campaign and amplify the demands. infrastructure or teacher salaries). in some provincial education grade 8 level … Approximately 78% of It is clear from the previous discussion budget-making process to make sure Once this happens, you can take advantage South African children scored below what Access to schooling has improved departments, textbook shortages, and educational experts designated as a low that the right to education is not yet that there is enough money allocated of formal opportunities for public significantly, particularly for learners unfilled vacancies, among others. benchmark score in PIRLS [Progress in being fully realised. However, it is powerful to build the infrastructure required participation in decision-making, as well as in township and rural schools. It can be inferred from the Minister’s International Reading Literacy Study]. even in cases such as this: ordinary • Implementation, for example by staging your own events, such as protests.

374 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 375 MOBILISATION AND ORGANISATION In order to get your issues onto the agenda, or to elect members who agree with your agenda, you will need to build support for the issue, by convincing learners and parents that this issue is important, and showing them a way that they can take action about it – such as voting in a particular way, or joining a march. This is known as mobilising, and it can take many forms. It can simply be people going door-to-door in a community, and asking people to support their action.

However, even if you manage to mobilise your job to make sure that the issue • The issue that is being raised ought SCHOOL GOVERNANCE parents and learners, you may not be able does not disappear from the public’s to find resonance with the people to win the changes you seek immediately. mind. You must make it clear that the • Those intended to participate ought to HOW ARE SCHOOLS GOVERNED? • One non-teacher staff member representatives, and asking Your SGB may not be willing to change campaign may take time, explaining understand that the relief/solution to Although we tend to think of the • Two Representative Council of them to raise your issues your school, or it may not be able to. It each development that occurs, and the problem will not come immediately principal as the most powerful person Learners (RCL) members • Attending the meetings of the may not have the money to repair the being sensitive to what your supporters • The leaders of the campaign ought in a school, the South African Schools • Parents (there must be one more SGB, and raising them yourself. toilets, or the facilities to set up after- think about the strategies used. to constantly be engaging their Act gives a lot of decision-making parent member than the other school programmes. The conditions in More than this, though, to build a members on strategy and tactics power to school governing bodies members of the SGB combined). A longer-term strategy is to focus on township and rural schools are shaped campaign which is strong and popular • The leading organisation ought to (SGBs). Their mandate includes: SGB elections. These happen every three by broader structures of inequality. and that can last long enough to achieve make strategic partners who will be • Managing a school’s money Parents thus have a majority voice in years for parent members, and every year Given this, you may need to take your meaningful change, you must start to in support every step of the way • Recommending teachers SGBs, and are able to decide issues for learner representatives. However, if a campaign further than just one school. organise. This means to set up structures • You must engage society by to be appointed that affect their children’s education. parent member leaves the governing body • Are other schools also that can lead the campaign – an communicating clear demands to • Drafting a school’s code of Learners themselves also have a voice. (for example, if their child finishes school), experiencing these issues? organisation of some sort. Organising is the media; also, members ought to conduct, and deciding religious and there must be a by-election to choose • How can you link up with them? a way of bringing supporters, or affected be on the ground communicating language policy for the school a parent who will replace them within • Who, in a position of power, people, into a campaign in a way that these demands themselves • Holding educators and USING GOVERNANCE 90 days of the vacancy. You can use SGB can you make demands on? goes deeper than mobilising: it often • As the campaign gains momentum, principals accountable STRUCTURES FOR CHANGE elections to help advance your issue, by: includes a process of political education all members of the organisation • Ensuring children’s well- Let’s say you have identified an issue in • Attending SGB elections, and asking A danger inherent in mobilisation is that or conscientisation, which gives them ought to be able to express the being at school. your school. It could be anything from questions about the candidates’ views it often doesn’t last. While the public may the skills and political analysis needed to demands, as expressed in the dirty and broken toilets, to teachers using on the issue you are concerned about come out in their masses and support take strategic action. This allows them to memorandum of demands, in public This is important, because SGBs are corporal punishment, to not having after- • Encouraging parents to attend your campaign enthusiastically, they can help direct the way the campaign goes. • The body (public or private) must be bodies that include democratically school programmes. If you have spoken and vote in the SGB elections easily become discouraged if there is no A strong organisation will be better at thoroughly engaged on the demands, elected parents and learners. SGBs are to your teachers about it and nothing • Encouraging parents and learners quick victory; not everyone will have the hearing the voices of its members, and proof of prior communication must be made up of the following people: has changed, your next step might be to who support the issue you are determination to follow through and it will be able to amplify these voices. kept; and most importantly, channels of • The principal take it to the SGB. You could do this by: concerned about to stand for continue to put pressure on decision- In building a strong campaign it is communications ought to be constantly • A maximum of five teachers • Speaking to the learner or parent election; or stand yourself. makers. As an activist in this field, it is always worthwhile to note the following: open, even in the midst of the dispute.

376 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 377 EQUAL EDUCATION By organising, Equal Education (EE) is an education-rights social movement that works to organise you are acting learners in poor and working-class schools. EE’s activism centres on the power of youth. as an enabler, In five provinces, high-school members – known as equalisers – attend weekly youth bringing people groups. Here they learn about inequality into knowledge, in the education system, receive political SOCIAL AUDITS education, and work on and discuss Recently, Equal Education has begun using kept there, it did not have the reach to and structures, campaigns. Equalisers are empowered, social audits as a powerful tool to hold monitor the upgrades across the entire and mobilise to challenge unjust practices government to account. A social audit is province. To do this, it built a coalition of that will help them in their own schools through collective a process whereby communities measure partner organisations, including church action: there have been many school- whether promises made about services organisations such as the South African to demand change. level protests around issues, from teacher have been kept, and services delivered. EE Council of Churches, civics such as the vacancies to corporal punishment and members in Gauteng have audited sanitation Alexandra Civic Organisation, the Gauteng exclusion of pregnant learners. They also in schools, and members in the Western Civic Association and the South African form part of a growing, informed and vocal Cape have audited sanitation and school National Civic Organisation (SANCO), and number who are no longer prepared to safety. These audits were not conducted community organisations such as Sidinga accept an unequal, low-quality education by EE members alone. Crucial to the Uthando and Bua Funda. Members of this COALITION-BUILDING because they can be voted out of • Is the campaign flexible enough to system: equalisers give force and moral social audit process has been building coalition audited the sanitation conditions By organising, you are acting as an power by adults. As learners, you are accommodate them, and possibly weight to EE’s broader campaigns. partnerships with community organisations in over 200 schools around the province. enabler, bringing people into knowledge, largely not yet allowed to vote. But include some of their demands? and civil society, who extend the reach Moral justification is a key part of Equal and structures, that will help them to this is not the only kind of coalition of the audit into their own areas, and The audit found a sanitation crisis in schools Education’s success. Its campaigns have around the province. In 30% of the high demand change. This can spread far that can form: another example is Coalition-building is more likely to be gathered wide support and have won add voters to the movement – most EE members are not old enough to vote yet. schools audited, over 100 learners were beyond the campaign you could have forming links with an organisation successful when it doesn’t try to take funding, policy and practical victories for sharing a single working toilet. One in run on your own. When you organise, representing a constituency that over or dissolve the existing organisations poor, under-resourced schools and learners In Gauteng, EE members based in Tembisa five toilets were either broken or locked. – in part because they have tapped into audited the state of sanitation in their About 70% of schools did not provide you will probably reach beyond your you don’t cover. For example, if to form a new one (although eventually what many people think is right, and what schools. In total, they audited 11 high access to soap, and 40% did not provide own community too. This is how you you are mostly organised in urban this may happen). Rather, you need to the government accepts (in theory) that it schools, or over two thirds of the high access to toilet paper or sanitary pads. can link up with other schools. It is schools, it would be powerful to work with the partner organisations, should be doing. While moral justification schools in Tembisa. They found that Over 25% of schools had more than 400 is not enough to bring education to the also possible that there will already link up with an organisation that and share decision-making about at over half the high schools audited, students for one maintenance staff member. fore in the public agenda – mobilisation be organisations, or community works in rural schools as well. the direction of the campaign. more than 100 students shared a single These findings were released at a summit, is still required, to turn people’s moral working toilet. Many schools also had and the MEC accepted all demands to members, who are active in those areas. As the campaign grows, you will instinct into political support – it is a factor broken or non-functioning taps. rectify the situation ‘unconditionally’. Forming links with them can help by: You should start by speaking to need to make demands at the right level. that inspires greater mobilisation, such as • growing the size of your campaign locals about what is going on in Schools are clustered into circuits, and the 20 000 people who were prepared to EE met with government officials, who Social audits have simultaneously mobilised, march to parliament in support of Norms ignored requests to develop a plan to solve educated and politicised supporters • extending the campaign that community, and who is active then districts. A few districts make up and Standards for School Infrastructure. this sanitation crisis. Finally, in September and members on the issues of school geographically without having to in it. Try to gain an understanding a provincial department of education. 2014, 2 000 EE members marched to the infrastructure, sanitation and safety. organise from scratch in new areas of who holds power in the Find out which circuit and district your Gauteng Department of Education offices. Mobilisation occurs because the process of • adding politically important groups community, and what assets that school falls into, and who is responsible The MEC, Panyaza Lesufi, responded by running the audit provides people with a to the campaign. For example, if you community has. When deciding for the issue you are working on. If they promising R150 million to upgrade sanitation way to participate. Education occurs because in 580 schools across the province. to conduct the audit, people had to learn are directing your campaign towards who to reach out to, ask yourself: will not help you, you can take your about the issues, such as school sanitation. government, forming links with adult • Do they share some/all of your goals? demands to a higher level of government. While EE had members in Tembisa, Politicisation occurs because through activists or organisations can increase • Will working together be strategic? But in order to convince them, you need Daveyton and KwaThema who could the process, people see and express how monitor whether these promises were the pressure on elected officials, How can they help your campaign? to continue growing your support. political inequalities affect them directly.

378 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 379 PROTEST You will probably start a campaign on education rights by trying to speak to people who have the power to change it – a teacher, the SGB, a district official, or even the Minister of Basic Education. However, they may not listen to what you have to say, or even agree to meet with you. A common next step is to protest. The success of protest depends on mobilising well, so that there are plenty of supporters ready to take part in the protest. It draws public attention to your issue, and shows the person or organisation in question the strength of the support behind your demands. Protests are an important way in which the right to education can be advanced. There is a popular misunderstanding injury to participants/others, or thinking about how to manage (and that the Gatherings Act says that you extensive damage to property possibly transport) a large group of Protests are protected by provisions in the • Section 18 protects your right 15 people or fewer. This can happen must get permission to protest from • Meet the convenor to people. The organisers should clearly Bill of Rights, but are also regulated. Many to freedom of association. without the authorities being notified. police or other authorities. This is not discuss the notice and try to divide roles between themselves. It is people have criticised the laws concerning A gathering is a march or picket of true, because protest is an exercise of negotiate a safe gathering a good idea to have marshals, to keep protests as being relics of apartheid control, The government is only allowed to limit more than 15 people. It is also understood your constitutional rights. Unfortunately, • Give a letter to the convenor the protest in a defined area. Make sure and possibly unconstitutional. It is also true these rights in very specific circumstances. as an event that expresses criticism or the authorities themselves often with written reasons for to keep a copy of the notification of that police suppression of protests often In the terms stated in Section 36, these contestation. A gathering requires that you claim that this is the case, and do prohibiting the gathering. protest form and all communication goes far beyond what is allowed by law. limitations must be ‘reasonable and notify the local authorities in advance. not give this permission, as a way of with the authorities with you during the However, it is nonetheless important to justifiable in an open and democratic squashing criticism of the government. If a protest has been prohibited, anyone protest. The police may well ask to see it, know your rights and the regulations to do society based on human dignity, NOTIFICATION Alternately, they sometimes try to participating in it is committing an or question whether you have received with protests. The following information is equality and freedom’. It is up to the You need to notify the responsible negotiate with the protesters to change offence. However, if you feel your protest permission for the march. The convener drawn from Right2Know’s guide, ‘Protesting courts to decide whether government officer of the local municipality, by the time or route, or interrogate the has been unfairly prohibited, you may should be available to speak with them. Your Rights: The Regulation of Gatherings limitations meet this requirement. filling in a form called ‘Notice under political reasons for the protest. approach a court (no lawyer required) Act, Arrests and Court Processes’. Regulation of Gatherings Act’. to ask them to allow it to go ahead. • This must happen at least seven PROHIBITION OF GATHERINGS CREATIVE PROTEST THE GATHERINGS ACT days before the protest. In exceptional circumstances, a gathering Protests are about making your voices KNOW YOUR RIGHTS The Regulation of Gatherings Act (1993) • If this is not possible, you must still can be prohibited by the responsible ORGANISING A PROTEST heard. Marches and pickets are popular The Bill of Rights has three provisions, sets out rules for how any gathering that notify the authorities, and explain why officer. However, this is not the same as In terms of the Gatherings Act, you need kinds of protest, but there is no limit which – taken together – protect the takes place in a public place, and involves seven days’ notice was not given refusing permission. ‘Permission’ implies to choose a convener for the protest. to the different kinds of protest you right to peaceful political protest. protest or criticism, may take place. • If notice is given less than 48 hours that it is up to the authorities to decide This is the person who leads the protest. can organise. Creativity in protest is • Section 16 protects freedom of This protest can be directed towards an before a protest, the responsible officer whether or not to allow the protest. In fact, They must submit the notification important as a form of self- or communal expression, so long as it does not individual or an organisation, whether is allowed to prohibit the protest protests are legal except in very specific form to the local authorities, and meet expression, but also because you need involve distributing war propaganda, private or public, and can be about without providing any reasons cases. In these cases, it is the job of the with the authorities when required. A to find new and exciting ways to grab or inciting violence or hatred. an issue, or a specific law or policy. • However, if you submit notice seven days authorities to show why the protest cannot deputy convener must also be chosen, people’s attention, and shape the way • Section 17 protects your right to in advance, and the local authorities be permitted. They must do the following: in case the convener is unavailable. that people talk about and understand assemble, picket, demonstrate and DEMONSTRATIONS VS. GATHERINGS have not contacted you to meet • Have an affidavit saying that Planning a protest is not just about your issue. ‘Read-ins’, ‘teach-ins’, solidarity present petitions, so long as you In terms of the Gatherings Act, a within 24 hours of your submission, the gathering will result in mobilising supporters and submitting visits, fasting, participating in co-ordinated behave peacefully and are unarmed. demonstration is a march or picket of the gathering is automatically legal. serious disruption of traffic, notice. You also need to spend time action: all of these are forms of protest.

380 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 381 PUBLIC PARTICIPATION This chapter began by looking at governance structures within schools, and opportunities to participate in them. As your campaign grows, you may take advantage of the formal provisions for participation in national structures, particularly parliament, which is intended to be open and responsive to the public. This can help to shape policy and budgeting, as well as contributing towards holding the government accountable.

Members of the public can petition in some instances. Organisations BUDGETS EE AND THE RIGHT TO PROTEST parliament about an issue. They can need to be adaptable to the political Oversight of the National Treasury, also make written or oral submissions nature of parliament. You can attend and budgeting, falls to the Standing During April 2015, Equal Education held sleep-in encroachment on the right to protest, the Act to deny marches to parliament under the protests in three cities: , Pretoria says that if the authorities fail to call such a National Key Points Act or any other law. The to parliamentary committees. committee meetings and sittings of Committee on Appropriations. As part and King William’s Town. Its members were meeting within the prescribed period, the protest fact that the Speaker’s permission was raised as Members of parliament sit on parliament to make these connections; of the process leading to parliament demanding that the Minister of Education, Angie can go ahead in accordance with the notice. a prerequisite echoed the events of 2010, when different committees. The committees all MPs’ email addresses are also approving the Division of Revenue Bill Motshekga, publicly disclose the nine provincial Equal Education was prevented from marching EE heard nothing from the are intended to provide oversight for provided on the parliament website. (which outlines government spending plans for implementing the Minimum Norms to the Union Buildings without the permission until 3:20pm on Monday, 30 March 2015, two different areas of the government’s Once a relationship with an MP for the year), the Committee calls and Standards for Public School Infrastructure. of the Presidency. The City of Cape Town days before the planned sleep-in. At that time, work. At times the committees make has been established, you can use for public comment. Despite the These demonstrations followed multiple letters stipulated that the permit was conditional on Equal Education was invited to attend a meeting and a request in terms of Section 18(1) of government agreeing to receive Equal Education’s a call for submissions from the public, them to ask questions of government immediately realisable nature of the at the Civic Centre the following afternoon, less the Promotion of Access to Information Act, memorandum, but this condition was eventually but you can make a submission at any for you. When it comes to flagging right to education, government’s defence than 24 hours before the demonstration was during which period the officials repeatedly due to commence. The meeting was attended by deleted. The implication of claiming that you time, by sending it to the secretary important issues or asking pertinent against a lot of education activism is made vague assurances that the plans would be officials from the City of Cape Town, SAPS and cannot protest unless the state acknowledges and chairperson of that committee. questions, it is best to move between the claim of budgetary constraints. released. While it was difficult to gain access to the Public Order Policing Unit, traffic officers, you means that a recalcitrant department In cases where no call for the different political parties that Engaging on the budgeting process these plans, obtaining ‘permits’ to demonstrate could avoid a protest by simply refusing Equal Education and parliament Protection submissions was made, it is largely make up a committee, rather itself can therefore allow activists past about the plans proved equally difficult. requests to receive memoranda at protests. Services. Officials insisted that the ‘permit’ not at the secretary and chairperson’s than align too closely with one or this roadblock, into a space where their In Pretoria, a last-minute email was received be issued without the approval of the Speaker The Gatherings Act does require the additional discretion whether or not the another. Opposition MPs tend to input can shape funding priorities. from the City of Tshwane, denying Equal of parliament. The National Key Points Act was permission of the Chief Magistrate of Cape committee considers your submission. be more receptive to requests for Education permission to demonstrate. The reason cited as the reason for this, as well as the fact Town for marches to Parliament; but in provided was that the sidewalk is for the use of that the EFF had disrupted parliament during numerous marches to Parliament, Equal This is difficult when they are members information or clarity on particular pedestrians, and no person is allowed to carry the State of the Nation Address. All protests to Education has never been the subject of of the party of government: they may issues than those of the ruling party. PARLIAMENT AS A SITE on any business or cause any obstruction on it. Parliament, they said, required the permission this condition being enforced. Following the have little interest in a submission OF STRUGGLE of the Speaker. The City of Cape Town initially The demonstration and sleep-in in Cape Town delayed meeting, the Equal Education Law that is critical of government. Using available opportunities for public refused to issue a ‘permit’, and instead instructed was to be held outside Parliament, near the Centre began preparing an urgent application a city official to review all of Equal Education’s In light of this, Ben-Zeev and EDUCATION POLICY participation does not mean you cannot statue of Louis Botha. Equal Education submitted to have the High Court confirm gathering permits over the past five years. Waterhouse have explained that There are two parliamentary committees continue to mobilise and protest. In fact, the required notice in terms of the Gatherings the Speaker’s lack of authority over protests. ‘access to committees requires that oversee basic education: the doing so adds weight to your arguments. Act to the Participation Unit, which reports When the meeting was reconvened, the City In the meantime, the City Manager, the Chief to the City Manager. This was done in terms of of Cape Town agreed to issue a conditional investment into relationship-building Portfolio Committee on Basic Education For example, if you are invited to present a Magistrate and the Speaker’s office each insisted the Act, seven days prior to the protest. Equal permit, provided permission was also obtained with MPs and Chairpersons…’. (which is part of the first house of submission you have made to a committee, that they could issue approval only after one Education gave notice that 100 members would from the Chief Magistrate of Cape Town, the of the others had granted it first, creating Although this approach can be parliament, the National Assembly), you might decide to fill the committee picket and sleep outside Parliament’s gates from City Manager, and the Speaker of parliament. an endless cycle limiting the organisation’s frustrating, taking into account that and the Select Committee on Education room with supporters or members, or 1 to 3 April 2015. The Gatherings Act provides In violation of the Gatherings Act, the City of right to protest. It was only hours before the engagement between MPs and the and Recreation (which is part of the to hold a picket outside parliament that any negotiations the authorities wish to Cape Town failed to provide written reasons for sleep-in was due to begin that the Speaker’s conduct must be arranged within 24 hours this refusal to issue an unconditional permit. public should not be dependent on second house of parliament, the at the same time, to demonstrate the office gave oral approval, which prompted of receiving the notice of protest. To limit the personal relationships, it can be fruitful National Council of Provinces). depth of support for your case. The Speaker of parliament has no authority formal approval from the Chief Magistrate.

382 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 383 CASE STUDY

EQUAL EDUCATION’S PUBLIC PARTICIPATION Prior to the national elections of 2014, EE’s It is important to remember, as Ben-Zeev relationship with the Portfolio Committee and Waterhouse have warned, ‘Organisations on Basic Education was fairly robust. The should maintain awareness of and be chairperson of the committee, at the time, responsive to the political landscape was receptive towards EE’s contributions. If and the power struggles at play.’ a written submission had been made by the Once it was clear that EE’s contribution social movement, more often than not the towards the BRRR process was not going committee would invite EE to make an oral to work, EE had to re-strategise. presentation, and a dialogue would ensue. MEDIA These written submissions were not always In November 2014, the Standing Committee on prompted by the calls for submissions that Appropriations put out a call for submissions, The media is an important tool for education activism. As are put out by committees, but were also inviting stakeholders to comment on the prompted by the tabling of particular reports; Minister of Finance’s Mid-term Budget Policy you work in this field, you can use the media to: for example, the Basic Education Annual Statement. Because the Shadow Report dealt Report, the Minister of Basic Education’s with the DBE’s overall performance for that Budget Vote speech, or the Committee’s particular financial year, as well as the manner • Document the daily struggles the kind of media you emphasise. For to speak on the issue if questioned Budget Review and Recommendation Report. in which their budget had been utilised, EE of your members, and share example, radio is a good medium for by reporters. Also, sending journalists could use the report originally intended After the elections, the make-up of the Basic for the Basic Education Committee – with them with a wider audience reaching rural areas, as many people an official statement can make it less Education committee was altered. With the slight amendments – for this particular case. • Shape the narrative on your issue in these areas don’t have televisions. likely that you will be misrepresented. arrival of new MPs and the departure of Another direction EE took was collaboration. of choice: your media input can Different newspapers and radio stations Social media has allowed activists, and others, the relationship with the committee The Public Service Accountability Monitor became fractious. As opposed to previous determine how people think also appeal to different audiences. movements, to connect more directly (PSAM) came on board, and made an extensive about and understand the issue, Mainstream media often does not with supporters and the public. You can years, MPs from the ruling party were not contribution to the amended Shadow Report. as willing to meet with EE to discuss the and in fact the language that is cover community protests well – even create and share your own content, such challenges in the education sector, or to After the amended Shadow Report was used to describe it. This is the first if the reporter is sympathetic to the as photos, videos, articles and infographics, engage with any written contributions. Nor submitted to the Standing Committee, step to winning a campaign issue. Often, reporting tends to focus independently of traditional media, and was there willingness to engage in one-on-one EE and PSAM were invited to make an meetings, outside of the committee rooms. oral presentation. In its report to National • Publicise the action you are taking, on the dramatic aspects of the protest, quickly document police brutality or Treasury, the Appropriations Committee and mobilise greater support or the inconvenience caused (such government’s empty promises. Social In October 2014, for example, EE made a included two of the recommendations submission to contribute towards the draft • Criticise and put pressure as traffic disruptions) rather than media is also a space for members and highlighted in the submission, one of which on those in power. looking at the underlying causes, and supporters to share their own experiences Budget Review and Recommendation Report was the need to establish a conditional (BRRR). This submission is better known as EE’s grant specific to scholar transport. the frustrations of protesters. There and commentary. This can help to Shadow Report. Contributing to the BRRR had As with MPs, it is useful to build are often limited or no interviews with mobilise large numbers of people in a Through this process EE has built a strong been one of the tactics used by EE for several relationships with journalists who cover protesters, and police repression is short amount of time, as has been seen years, and had in some instances resulted in relationship with the Standing Committee on EE’s recommendations being included in the Appropriations, and regularly makes submissions education. Keeping in contact with often underplayed. You need to bear in by the use of social media in uprisings final BRRR. Although there had been some on matters relating to budget allocations for journalists will increase coverage for mind that this is the climate in which such as the Arab Spring. However, while traction in the previous years with MPs, and the basic education sector. However, this is a your action, and add to the pressure you operate, and strategise about ways it makes lines of communication broader, the chairperson in particular, on engaging precarious relationship dependent on a number you create. You can also write opinion to promote a strong image of your and raises awareness, it is no substitute of factors, including the political climate. The with the report, this changed in 2014. EE did pieces for publication in newspapers. movement in the media. One simple for organising on the ground. While not receive an acknowledgement of receipt recommendation of a conditional grant for from the committee after the submission was scholar transport was a step forward, as this When you engage with the media, point is making sure that when there is social media helps to create some form made; neither did the committee engage with is an important plank of EE’s campaign on think about who you are targeting with a protest, or other action, all members of shared identity and online community, the report during the meeting on the BRRR. scholar transport. However, it should also be your communication. This should shape know your demands, and are prepared this should feed into real action. It was briefly mentioned by an opposition noted that to date, this recommendation has MP; but overall, it was not recognised. not been taken up by National Treasury.

384 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 385 NORMS AND STANDARDS FOR SCHOOL INFRASTRUCTURE The Norms and Standards campaign is a also filmed, and generated a short video, Daniel Sher studied African CONSTITUTION AND FURTHER READING History at Wits University and is a textbook example of Equal Education’s which was shared on social media. LEGISLATION S Masondo ‘Angie Motshekga researcher at Equal Education. methods. EE was concerned about the Reads Riot Act’ City Press, 2016. unacceptable state of school infrastructure EE also produced a series of animated videos, Constitution of the Republic Hopolang Selebalo studied Politics and in many of the country’s schools, and explaining the campaign – and the dire state of South Africa, 1996. Right2Know ‘Protesting Your Rights: of school infrastructure – in an accessible way. Drama at Rhodes University, and was initiated a sustained campaign to force the The Regulation of Gatherings The Regulation of Gatherings Act, The organisation used twitter hashtags such as Deputy Head of Policy, Communications Minister of Basic Education to issue legally Act 205 of 1993. Arrests and Court Processes’, 2015. binding regulations concerning norms and #FixOurSchools and #BuildTheFuture as a way and Research at Equal Education. She is standards for school infrastructure. This of spreading the campaign. It was also able to now Head of Research at Ndifuna Ukwazi. Promotion of Access to Equal Education ‘Basic Education Shadow would describe the basic infrastructure confront government officials more directly, and Information Act 2 of 2000. Report: A Review of the Department every school needs in order to function. in the public domain, via their Twitter accounts. of Basic Education’s Performance in EE members marched and picketed, petitioned, EE’s approach was to win gains politically the 2013/2014 Financial Year’, 2014. rather than through the courts. However, in wrote countless letters to the Minister, went Department of Basic Education ‘General door-to-door in communities to garner 2012, with the Minister remaining stubborn in the face of mass mobilisation, it became Education System Quality Assessment: support for the campaign, and even spent Country Report South Africa’, 2013. nights fasting and sleeping outside parliament. increasingly clear that resorting to the courts EE lobbied parliament and politicians, and to achieve norms would be necessary. Section K Ben-Zeev & S Waterhouse ‘Not Waiting on Human Rights Day in March 2011, it led 29(1)(a) of the Constitution provides that for an Invitation: Lessons from South 20 000 learners and supporters in a march to ‘everyone has the right to a basic education’. Unlike other socio-economic rights, this right African Civil Society Engagement with parliament to demand that the Minister and National parliament in 2011’, 2012. the DBE keep their promise and adopt legally- is unqualified and immediately realisable. So binding Minimum Norms and Standards on 2 March 2012, the Legal Resources Centre South African Human Rights to ensure that all learners in South Africa, (LRC), on behalf of EE and the infrastructure Commission ‘Charter of Children’s regardless of race or wealth, are able to learn committees of two applicant schools in the Basic Education Rights’, 2012. in schools with adequate infrastructure. Eastern Cape, filed an application in the Bhisho High Court against the Minister, all nine MECs EE also used the media – both traditional, for Education, and the Minister of Finance, and social – to raise awareness and to secure national minimum uniform norms support for the campaign. Learners wrote and standards for school infrastructure. This newspaper articles about their struggles, was done while simultaneously applying and journalists covered the campaign. political pressure. In fact, EE members were planning to camp outside the Bhisho High EE parent members wrote to Basic Education Court, where the case was going to be heard. Minister Angie Motshekga as one group of parents to another. The letter appeared Before the case was heard, the Minister settled in newspapers. EE also led a Solidarity out of court and agreed to adopt norms and Visit of eminent South Africans – activists, standards. She then delayed releasing them, educationists, academics, moral leaders and eventually published very weak ‘guidelines’ and public figures – to several Eastern for school infrastructure. EE returned to the Cape schools. The visit found terrible courts to secure an order for her to keep to conditions of overcrowding, and collapsing, her agreement. Finally, on 29 November 2013, inadequate infrastructure. This was well binding Norms and Standards for School publicised: journalists and members of the Infrastructure were released for the first time. group of eminent persons wrote about The first deadline in the Norms is 29 November their experiences, and used their authority 2016. The campaign has shifted to monitoring to support EE’s campaign. The visit was the government’s implementation of these laws.

386 Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation Basic Education Rights Handbook – Education Rights in South Africa – Chapter 21: Taking rights forward: mobilisation, organisation and public participation 387 ORGANISATIONS LIST GENERAL EDUCATION QUERIES CHILDREN’S RIGHTS CENTRE CHILDLINE WESTERN CAPE FORUM FOR RIGHT2PROTEST (HOSTED AT CENTRE DEPARTMENT OF BASIC 36 Essex Terrace, Westville, Durban, 3629 24 Stephen Dlamini Road, INTELLECTUAL DISABILITY FOR APPLIED LEGAL STUDIES) EDUCATION EQUAL EDUCATION Email: [email protected] Musgrave, Durban, 4000 ASAT HOUSE, Alexandra Hospital, Annex First Floor, DJ du Plessis Building, West NATIONAL Isivivana Centre, 2nd Floor, 8 Mzala Telephone: 031 266 2384 PO Box 51418, Musgrave, 4062 Road, Maitland, Cape Town, 7405 Campus, University of the Witwatersrand, Sol Plaatje House, 222 Struben Street, , Cape Town, 7784 Email: [email protected] PO Box 142, Maitland, Cape Town, 7404 Braamfontein, Johannesburg Email: [email protected] Email: [email protected] Street, Pretoria, 0001 E-mail [email protected] QUERIES ABOUT VIOLENCE Telephone: 08000 55 555 Telephone 021 361 0127 Telephone: 021 510 4686 Telephone: 011 717 8600 Telephone: 012 357 3000 Equal Education has offices in Cape Town, AND SEXUAL VIOLENCE IN SA NATIONAL COUNCIL Hotline: 0800 202 933 SCHOOLS AND HOSTELS King Williams Town and Johannesburg, FOR CHILD WELFARE QUERIES RELATING TO QUERIES ABOUT HUMAN-RIGHTS EASTERN CAPE and nationwide membership. 247 Monument Road, Glen LAWYERS AGAINST ABUSE RIGHTS OF MIGRANT EDUCATION IN SCHOOLS Steve Vukile Tshwete Education Marais, Kempton Park, 1619 BASIC EDUCATION FOR ALL Buffalo Street, Ext. 2, Diepsloot, CHILDREN TO EDUCATION Complex, Zone 6, Zwelitsha Email: [email protected] THE CONSTITUTIONAL LITERACY Email: [email protected] Johannesburg, 2189 Telephone: 040 608 4200 Telephone: 011 452 4110 SOUTH AFRICAN LITIGATION CENTRE AND SERVICE INITIATIVE or [email protected] Email: [email protected] FREE STATE Telephone: 079 606 5646 or 079 226 7862 President Place, 1 Hood Avenue 85 Main Road, , Cape Town Telephone: 087 150 7235 55 Elizabeth Street, Free State Provincial Basic Education for All has a QUERIES RELATING TO or 148 Jan Smuts Avenue, Email: [email protected] Government Building, Bloemfontein membership throughout Limpopo. TEDDY BEAR CLINIC EDUCATION FOR CHILDREN Rosebank, Johannesburg, 2196 Telephone: 079 103 4456 Telephone: 051 404 8000 2nd Floor, Children’s Memorial WITH DISABILITIES AND PO Box 122, Parklands, 2121 EQUAL EDUCATION LAW CENTRE Institute, 13 Joubert Street Extension, BARRIERS TO LEARNING Email: [email protected] STATE INSTITUTIONS REQUIRED GAUTENG 3rd Floor, Isivivana Centre, 8 Mzala Parktown, Johannesburg, 2193 Telephone: 010 596 8538 TO PROTECT YOUR RIGHTS 111 Commissioner Street, Johannesburg Street, Khayelitsha, Cape Town, 7784 Email: [email protected] INCLUSIVE EDUCATION Telephone: 011 355 0000 LAWYERS FOR HUMAN RIGHTS Email: [email protected] Telephone: 011 484 4554 SOUTH AFRICA THE PUBLIC PROTECTOR 4th Floor Heerengracht Building, Telephone: 021 461 1421 or 086 572 4675 1st Floor, 134 Main Road, Office of the Public Protector, KWAZULU-NATAL CENTRE FOR APPLIED LEGAL STUDIES 87 De Korte Street, corner Melle Wynberg, Cape Town, 7800 Private Bag X677, Pretoria, 0001 247 Burger Street, Pietermaritzburg SECTION27 Street, Braamfontein, Johannesburg First Floor, DJ du Plessis Building, West PO Box 18093, Wynberg, Cape Town, 7824 175 Lunnon Street, Hillcrest Telephone: 033 846 5000 First Floor, Heerengracht Building, Telephone: 011 339 1960. Campus, University of the Witwatersrand, Email: www.included.org.za Office Park, Pretoria, 0083 87 De Korte Street, Braamfontein, LIMPOPO Braamfontein, Johannesburg Telephone: 021 762 6664 Email: [email protected] Johannesburg, 2017 CONSORTIUM FOR REFUGEES AND Corner 113 Biccard & 24 Private Bag 3, Wits University, Toll free number: 0800 11 20 40 Email [email protected] MIGRANTS IN SOUTH AFRICA Excelsior Street, Polokwane Johannesburg, 2050 CREATE Telephone: 012 366 7000 Telephone 011 356 4100 5th floor, Braamfontein Centre, 23 Jorissen Telephone: 015 290 7611 Email: [email protected] P O Box 100275, Scottsville, The Public Protector has Telephone: 011 717 8600 KwaZulu-Natal, 3209 Street, Braamfontein, Johannesburg, 2001 LEGAL RESOURCES CENTRE offices in each province. MPUMALANGA Email: [email protected] Email: [email protected] National Office, 16th Floor, Bram Telephone: 011 403 7560 Building No. 5, Government Boulevard, COUNSELLING SERVICES Telephone: 033 345 5088 THE SOUTH AFRICAN HUMAN Riverside Park, Nelspruit Fischer Towers, 20 Albert Street, RIGHTS COMMISSION Marshalltown, Johannesburg, 2001 Telephone: 013 766 5000 LIFELINE SOUTH AFRICAN NATIONAL QUERIES RELATING TO Braampark Forum 3, 33 Hoofd Street, Email: [email protected] 28 Melle Street, 10th Floor, North City COUNCIL FOR THE BLIND PROTEST-RELATED RIGHTS Braamfontein, Johannesburg NORTH WEST Telephone: 011 836 9831 (national office), House, Braamfontein, Johannesburg, 2001 514 White Street, Bailey’s Email: [email protected] 2nd Floor Executive Block, 046 622 9230 (Grahamstown office) Email: [email protected] Muckleneuk, Pretoria, 0181 RIGHT TO KNOW Telephone: 011 877 3600 Garona Building, Mmabatho 031 301 7572 (Durban office) Telephone: 011 715 2000 or 082 231 0805 Email: [email protected] 107 Community House, 41 Salt River The Human Rights Commission Telephone: 018 388 2562/2564 021 481 3000 (Cape Town office) Telephone: 012 452 3811 Rd, Salt River, Cape Town, 7925 has offices in each province. Legal Resources Centre has offices in SOUTH AFRICAN DEPRESSION Email: [email protected] NORTHERN CAPE Johannesburg, Cape Town, Durban and DEAFSA AND ANXIETY GROUP Telephone: 021 447 1000 SOUTH AFRICAN COUNCIL IK Nkoane Education House, Grahamstown. The Grahmstown office 20 Napier Road, Richmond, 156 Barkly Road, Homestead, Kimberley has a specialisation in education rights. Email: [email protected] FOR EDUCATORS Counselling: 011 234 4837 Johannesburg, 2092 Crossway Office Park, Block 1, 240 Lenchen Telephone: 053 839 6500 CENTRE FOR CHILD LAW Private Bag X4, Westhoven, Suicidal Emergency: 0800 567 567 Avenue, Centurion, 0183 WESTERN CAPE Faculty of Law, Law Building (Room 4-31), Johannesburg, 2142 Private Bag X127, Centurion, Pretoria, 0046 24-hour Helpline: 0800 12 13 14 Grand Central Towers, Cnr Darling University of Pretoria, Pretoria, 0002 Email: [email protected] Telephone: 086 100 7223 SMS 31393 (and we will call you back) and Lower Plein Streets, Cape Town Email: [email protected] Telephone: 011 482 1610 or 082 333 4442 Telephone: 021 467 2000 Telephone: 012 420 4502

388 Basic Education Rights Handbook – Education Rights in South Africa Basic Education Rights Handbook – Education Rights in South Africa 389 FUNDERS

Funding is facilitated by the Foundation for Human PARTNERS Rights which is funded by the Department of Justice and constitutional Development and the European Union under the Sector Budget Support Programme – Access to Justice and the Promotion of constitutional Rights.

EUROPEAN UNION

The bulk of this manual’s expenses was generously sponsored by a funder who requested to remain anonymous – we are incredibly grateful for their support.

CREDITS Published by SECTION27, First Floor, Heerengracht Building, 87 De Korte Street, Braamfontein, Johannesburg 2017

Executive Director, SECTION27: Mark Heywood Head of Litigation, SECTION27: Adila Hassim Editors: Faranaaz Veriava with Anso Thom & Tim Fish Hodgson

Plain language editor: Karin Schimke catalysts for social justice Proofreaders: Dave Buchanan and Kate Whittaker Art direction & layout: Karien van der Westhuizen, the earth is round Illustrations: Gerald Bedeker Printer: Paarl Media KZN, Durban

To order copies of this book, please email Anso Thom on [email protected].

390 Basic Education Rights Handbook – Education Rights in South Africa Basic Education Rights Handbook – Education Rights in South Africa 391 Department of Basic Education ‘Guidelines for the Prevention and Management of Sexual Violence & Harassment in Public Schools’ — 328 Department of Basic Education ‘Guidelines to Ensure Quality Education and Support in INDEX OF CASES, Special Schools and Special School Resource Centres’ — 127, 291 Department of Basic Education ‘National Guidelines on School Uniform’ — 203, 235 Department of Basic Education ‘National Policy for an Equitable Provision of an Enabling School Physical and Teaching and Learning Environment’ — 235, 245 LAW AND POLICY Department of Basic Education ‘National Policy on Religion and Education’ — 89, 203 Department of Basic Education ‘Regulations for Safety Measures in Public Schools’ — 328 A Department of Basic Education ‘Regulations Relating to Minimum Norms and Standards for Public School Infrastructure’ — 235, 245 admission policy for ordinary public schools — 136 Department of Basic Education ‘Screening, Identification, Assessment and Support Policy’ —127 , 235 Appropriation Act — 45, 46, 73 Department of Basic Education ‘The Incremental Introduction of African Languages in South African Schools Draft Policy’ —217 Assessment and Support Policy — 7, 111, 127, 235 Department of Correctional Services & another and Another v Police and Prisons Civil Rights Union — 203 A v Governing Body, The Settlers High School and Others — 85, 203 Department of Education ‘Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners’ — 183, 203 Department of Education ‘Language in Education Policy’ — 217 B Department of Education ‘National Norms and Standards for School Funding’ — 73, 235, 371 Basic Education For All & Others v Minister of Basic Education & Others — 235, 269, 273 Department of Education ‘Post Distribution Model for the Allocation of Educator Posts to Schools’ — 73, 235 BEFA case — 232 Department of Education ‘Regulations Relating to the Exemption of Parents from Payment of School Fees in Public Schools’ — 73, 235 Bestuursraad van Laerskool Sentraal, Kakamas v Sersant van Kradenburg and Another — 156, 159 Department of Justice and Constitutional Development ‘National Policy Framework Management of Sexual Offence Matters’ —328 De Vos N.O and Others v Minister of Justice And constitutional Development and Others — 127 C Division of Revenue Act — 6, 45, 46, 47, 73 Centre for Applied Legal Studies and Others v Hunt Road Secondary School and Others — 155, 159 Draft National Policy for the Provision and Management of Learning and Teaching Support Material — 228, 235, 273 Centre for Child Law and Seven Others v Government of the Eastern Cape Province and Others — 235 Centre for Child Law & Others v Minister of Basic Education & Others — 233, 235, 256, 261 E Centre for Child Law v Minister of Home Affairs — 138, 139 Education Laws Amendment Act — 56, 65, 73 Child Justice Act — 328, 329 Education White Paper 6: Building an Inclusive Education and Training System — 7, 73, 127, 235 Children’s Act — 138, 165, 171, 298, 300, 304, 305, 309, 317, 319, 320, 321, 322, 324, 328, 342, 343, 345, 351 Employment of Educators Act — 6, 56, 61, 73, 229, 235, 249, 250, 261, 304, 309, 317, 321, 327, 328, 343, 351 Children’s Amendment Act — 319, 351 Equal Education & Others v Minister of Basic Education & Others Eastern Cape High Court — 235 Christian Education case — 332, 335, 341 Ermelo case — 80, 82, 86 Christian Education South Africa v MEC of Education — 33, 35, 203, 351, 371 City of Johannesburg Metropolitan Municipality v Blue Moonlight Properties 39 (Pty) Ltd and Another — 235 F Civil Union Act — 183 Federation of Governing Bodies for South African Schools (FEDSAS) v Member of the Constitution of the Republic of South Africa — 14, 35, 73, 89, 103, 127, 139, 159, 171, Executive Council for Education, Gauteng and Another — 89, 127 183, 203, 217, 235, 245, 261, 273, 291, 309, 316, 328, 351, 371, 387 FEDSAS case — 82, 84 Criminal Law (Sexual Offences and Related Matters) Amendment Act —317 — , Criminal Procedure Act — 319, 328 Primary School v G W 156 159

D G Department of Basic Education ‘Challenging Homophobic Bullying In Schools’ — 183 Gauteng Provincial Legislature In re: Gauteng School Education Bill of 1995 — 360, 371 Department of Basic Education & Department of Transport ‘National Learner Transport Policy’ — 235, 291 Governing Body of the Juma Musjid Primary School v Essay NO — 35, 235, 245, 291, 371 Department of Basic Education ‘Draft National Policy for the Provision and Management Guidelines for Full Service/Inclusive Schools — 127, 291 of Learning and Teaching Support Material’ — 235, 273 Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners — 84, 85, 183, 190, 203

392 Basic Education Rights Handbook – Education Rights in South Africa Basic Education Rights Handbook – Education Rights in South Africa 393 H National Learner Transport Policy — 230, 235, 280, 284, 291 Harksen v Lane — 95, 103 National Norms and Standards for School Funding — 7, 42, 51, 56, 64, 65, 73, 142, 235, 365, 371 Hawekwa Youth Camp v Byrne — 304, 309 National Policy for an Equitable Provision of an Enabling School Physical and Teaching and Learning Environment — 228, 235, 245 Head of Department, Department of Education, Free State Province v Harmony High School and Another — 89, 171, 183 National Policy on Religion and Education — 87, 89, 203 Head of Department, Department of Education, Free State Province v Welkom High School and Another — 89, 171, 183 Head of Department: Mpumalanga Department of Education and Another v Hoërskool Ermelo and Another — 80, 89 O Oortman case — 113, 114, 124 J Jules High School case — 318 P Juma Musjid case — 232 Pillay case — 84, 87 Post Distribution Model for the Allocation of Educator Posts to Schools — 61, 73, 235 K Promotion of Access to Information Act — 382, 387 KwaZulu-Natal Joint Liaison Committee v MEC of Education, KwaZulu-Natal and Others — 371 Promotion of Equality and Prevention of Unfair Discrimination Act — 7, 93, 103, 127, 165, 171, 177, 181, 183, 361, 363, 371 Protection from Harassment Act — 304, 309, 326 L Pro Tempo v Van der Merwe — 304, 309 Labour Relations Act — 6, 250, 261, 322, 328 Laerskool Middelburg v Departmentshoof, Mpumalanga Department van Onderwys — 212, 217 R Language in Education Policy — 210, 211, 216, 217 Radebe and Others v Principal of Leseding Technical School and Others — 196, 203 Lettie Hazel Oortman v Thomas Aquinas Private School — 110, 123, 127 Refugees Act — 130, 133, 134, 135, 136, 139 Linkside and Others v Minister of Basic Education and Others — 261 Regulations Relating to Minimum Norms and Standards for Public School Infrastructure — 228, 235, 245 Regulations Relating to the Exemption of Parents from Payment of School Fees in Public Schools — 67, 73, 235 M Rivonia case — 82, 83, 88 Madzodzo case — 232 Madzodzo v Minister of Basic Education — 25, 29, 35, 235, 245 S Matukane and Others v Laerskool Potgietersrus — 212, 217 Screening, Identification, Assessment and Support Policy —7 , 111, 127, 235 Mazibuko & Others v City of Johannesburg — 25, 35 SECTION27 and Others v Minister of Basic Education and Another — 273 MB v NB — 159 South African Council for Educators Act — 321, 322, 328 MEC for Education Department: Limpopo v Sebetha — 351 Stander v Education Labour Relations Council — 344, 351 MEC for Education in Gauteng and Others v Governing Body of the Rivonia Primary School and Others — 82, 89 S v M — 177, 183 MEC for Education: KwaZulu-Natal and Others v Pillay — 84, 183, 186, 188, 194, 195, 203 S v Williams and Others — 309, 351 MEC for Education, KwaZulu-Natal v Pillay — 89, 99, 103 Meeding v Hoër Tegniese Skool Sasolburg — 157, 159 Minister for Basic Education v Basic Education for All — 25, 35 T Minister of Basic Education and others v Basic Education for All and others — 270 Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another — 328 Minister of Education & Another v Wynkwart — 309 The Regulation of Gatherings Act —380 , 387 Minister of Finance v Van Heerden — 101, 103 the riviona case — 83 Minister of Home Affairs and Another v Fourie and Another — 176, 183 Tripartite Steering Committee and Another v Minister of Basic Education and Others — 233 Minister of Home Affairs v Watchenuka — 22, 35, 135, 139 Mubake and Others v the Minister of Home Affairs and Others — 139 W Watchenuka — 22, 35, 135, 139 N Welkom case — 81, 82, 86, 87 National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others — 176, 183 Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa — 24, 35, 69, 73, 125, 127, 233, 235 National Education Policy Act — 7, 56, 73, 82, 89, 137, 139, 159, 166, 171, 209, 210, 217, 222, 235, 241, 245, 303, 309, 328, 335, 342, 351 White Paper 6 — 7, 69, 73, 106, 111, 117, 127, 222, 230, 235, 258 National Guidelines on School Uniform — 191, 195, 203, 235 Wittmann v Deutscher Schulverein, Pretoria and Others — 199, 203, 361, 371

394 Basic Education Rights Handbook – Education Rights in South Africa Basic Education Rights Handbook – Education Rights in South Africa 395 NOTES

396 Basic Education Rights Handbook – Education Rights in South Africa