Abstract
It is a greater work to educate a child, in the true and larger sense of the word, than to rule a state.
 Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. Today, education is a human right, and the right to education and specifically the right to (a) basic education is acknowledged and emphasised worldwide. In South Africa the right to a basic education is entrenched in the Constitution of the Republic of South Africa, 1996 and is regarded as one of the most crucial constitutional rights, particularly because it promotes economic and social well-being. However, the South African school system is crippled by a myriad of unfavourable challenges, situations and circumstances which will be discussed throughout the article. Many of these challenges, situations and circumstances are frustrating and solutions have been sought diligently – many with success and many without success. The focus in this article falls on the questions of whether the current South African school system sufficiently realises the constitutional rights of learners and whether an alternative school system could lead to the increased fulfilment and realisation of South African children's rights (with a specific focus on the rights to a basic education, equality and dignity). The article therefore deals with the "acceptability" of the South African school system. A comparative analysis with Germany will be done and the German school system will be used as a valuable framework in order to propose an alternative school system for South Africa.
 
Highlights
Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another
The following issues are discussed in this article: The right to a basic education, related constitutional rights, the German tripartite school system with its focus on the individual and learning differences, the South African school system with its focus on mainstream education, and relevant international instruments
Free and compulsory education does not form part of the right to a basic education, provision is made for compulsory education in section 3(1) of the South African Schools Act
Summary
Since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. The South African school system is crippled by a myriad of unfavourable challenges, situations and circumstances These include inequalities in the school environment, the lack of quality education in a safe environment, insufficient funds for the provision of basic education, inadequate buildings, a shortage of qualified and skilled educators, and the inability of the school system to cater for learning differences, to mention only a few. The following issues are discussed in this article: The right to a basic education, related constitutional rights, the German tripartite school system with its focus on the individual and learning differences, the South African school system with its focus on mainstream education, and relevant international instruments. South Africa can learn some valuable lessons from Germany with regard to Germany’s tripartite school system and education rights.
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