Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 4 February 1997
Relevant Provisions
(…)
Chapter 2 - Bill of rights
(…)
Section 28 - Children:
(f) not to be required or permitted to perform work or provide services that -
(i) are inappropriate for a person of that child's age; or
(ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development.
(…)
Section 29 - Education
(1) Everyone has the right -
(a) To a basic education, including adult basic education; and
(b) To further education, which the State, through reasonable measures, must make progressively available and accessible.
(2) Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the State must consider all reasonable educational alternatives, including single medium institutions, taking into account -
(a) Equity;
(b) Practicability; and
(c) The need to redress the results of past racially discriminatory laws and practices.
(3) Everyone has the right to establish and maintain, at their own expense, independent educational institutions that -
(a) Do not discriminate on the basis of race;
(b) Are registered with the State; and
(c) Maintain standards that are not inferior to standards at comparable public educational institutions.
(4) Subsection (3) does not preclude state subsidies for independent educational institutions.
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