Basic Education In South Africa Research Articles

Perceptions of cyber bullying amongst student teachers in the Eastern Cape Province of South Africa

Cyber bullying has become a topical issue in South Africa. However, there is very little guidance and training for teachers on how to deal with cyber bullying in the classroom. This study investigated the perceptions of cyber bullying amongst student teachers in the Eastern Cape Province of South Africa. The backdrop of this study is a context where there is a proliferation of technologies in much of South African society. Within this, there are calls to not only investigate the positive side of technology but also aspects where technology may have a “dark” side. The study made use of a quantitative survey approach to collect data from 150 student teachers at a university in the Eastern Cape Province of South Africa. The student teachers were representative of all three the school phases used in South Africa. The results indicated that almost half of the student teachers had been victims of cyber bullying. Overall, cyber bullying was considered a serious issue for the student teachers but awareness of the prevalence of the issue decreased outside the classroom. The topic has not been incorporated into policy or the school curriculum in South Africa. The recommendation of the study is that the Department of Basic Education in South Africa must provide a standardised policy and curriculum that schools can use to implement and enforce cyber safety behaviour in the schools.

COVID-19 and the inclusion of learners with disabilities in basic education in South Africa: A critical analysis

This article examines the extent to which basic education, which is compulsory under international law, was inclusive of learners with disabilities during the COVID-19 pandemic. To this end, it examines measures taken by the government to ensure the continuity of basic education and the extent to which these measures are inclusive of learners with disabilities. It argues that moving education to online platforms, and conducting classes via radio and television are not accompanied by related reasonable accommodation measures to ensure the inclusion of leaners with disabilities. Among others, study material and numerous resources, online platforms and media are not in accessible formats, and learners with disabilities do not have access to data or internet broadband. In addition, the parents of these learners with disabilities are not trained to assist their children to study from home. The exclusion from school of learners with special needs is also characterised by a limited number of special schools in the country. In making its case, the article relies on South African and foreign jurisprudence on equality and inclusive education to inform the analysis. Ultimately the article finds that learners with disabilities are not included in the education system in the time of COVID-19. It explores general lessons learned during the pandemic which could be considered as an opportunity to re-think how emergency education planning can be inclusive of children or learners with disabilities in the future. While the discussion focuses on South Africa, lessons learned apply across Africa where persons with disabilities generally are marginalised.

Media’s role on the reputation of the Department of Basic Education in South Africa

Media’s role on the reputation of the Department of Basic Education in South Africa

The right to basic education: a comparative study of the United States, India and Brazil

The developing South African jurisprudence on the right to basic education suggests that the courts have adopted a substantive approach to interpreting the right. The Supreme Court of Appeal in its judgment in the case of Minister of Basic Education v Basic Education for All held that every learner is entitled to a textbook in every subject at the commencement of the academic year. The judgment further explicitly noted that the corollary to this entitlement is the duty of the state to provide these textbooks to each and every learner. The lower courts have similarly identified other entitlements that make up the content of the right to basic education. However, while the courts appear to be firmly veering in the direction of a substantive approach to interpreting the right to basic education, no discernable test for determining the content of the right is apparent from the jurisprudence. Furthermore, many of the education provisioning cases have necessitated repeated visits to court and increasingly creative, even coercive remedies to ensure compliance with court orders. This article will, therefore, undertake a comparative study of the United States, India and Brazil. It will examine the approach of the courts in each of these jurisdictions to interpreting the right. It will examine the efficacy of some of the remedies adopted by the courts in each of these jurisdictions to realise the right, whilst simultaneously mediating the institutional concerns in respect of the doctrine of the separation of powers. It will further examine the role of civil society in education litigation in each of these jurisdictions. The aim of the article is to draw on the lessons provided by each of these comparative jurisdictions so as to strengthen public interest litigation in respect of the right to basic education in South Africa.

Four years following South Africa's declaration upon the ratification of the ICESCR and jurisprudence on the right to basic education: A step in the right direction?

ABSTRACT Education empowers individuals to develop the skills needed for economic success in order to contribute to nation-building and reconciliation. Following South Africa's ratification of the International Covenant on Economic, Social and Cultural Rights, there were mixed reactions on account of the much-anticipated ratification, on the one hand, and the declaration that subjected the right to basic education to the National Education Policy Framework and the available resources, on the other. This article interrogates the efficacy of this declaration in the realisation of the right to basic education in South Africa. It utilises a three-step approach. First, it contextualises the right to education and evaluates the declaration. Secondly, it evaluates selected decisions of the South African courts to establish the trend on the right to basic education. The third step juxtaposes the executive's and the courts' approaches from the ratification to date. A conclusion and recommendations inform the way forward. Keywords: Best interests principle, Eviction of schools, Immediate realisation, National policy, Provision of textbooks, Right to basic education, Staffing.

The motivational roles of heads of department in learners’ performance and quality of schooling in South Africa

Background: The Global Competitiveness report shows that the quality of primary education in South Africa ranks 132 out of 144 countries. Statistics released by the Department of Basic Education in South Africa reveal that the average mark for Grade 3 learners in the Annual National Assessment (ANA) was 35% for literacy and 28% for numeracy. Aim: We seek in this article to share the voices of the Foundation Phase heads of departments (HoDs) regarding their motivational roles and responsibilities in learner performance. We also aim to understand their role in tandem with other contributors, as well as all stakeholders in the Department of Basic Education who are responsible for teacher development and curriculum delivery. Setting: Ehlanzeni, Bohlabela, Gert Sibande and Nkangala in Mpumalanga. Methods: A quantitative research approach was used, where questionnaires were distributed to 274 Foundation Phase HoDs in all four districts in Mpumalanga. Results: The findings indicate that HoDs have a moderate perception of their responsibility in motivating learners; moreover, they do not recognise the role of parents as motivators of learners. They seem too busy teaching in their classrooms and lack the time and skill of supervising their subordinates and involving parents in the education tripod. The legislative framework (PAM document), it can be argued, does not allow sufficient time for HoDs to efficiently perform their tasks. Conclusion: Retraining of HoDs to work collaboratively with teachers and parents will enhance the quality of schooling offered in South Africa.

The Effect of Learners’ Knowledge of the Divisibility Rules on their Gaze Behaviour

The Department of Basic Education in South Africa has identified factorisation as a problem area in Mathematics teaching. Learners in earlier grades are exposed to mathematical tasks, involving concepts, such as factors of integers, fractions, equivalent fractions and prime numbers, that are easier to solve when the divisibility rules are applied. An experiment was designed to investigate the effect of learners’ knowledge and their application of the divisibility rules on their gaze behaviour. Seventy-eight learners in Grades 4–7 participated in an eye-tracking study where questions on divisibility were presented on a computer screen. Learners were expected to indicate whether a five-digit dividend was divisible by a divisor and provide reasons for their answers. Gaze behaviour (expressed as the percentage of total fixation time that was spent on each digit), along with learners’ verbal responses were used to determine whether a given divisibility rule was applied correctly. The findings show that learners apply different strategies to inspect the dividend when they know the divisibility rules and apply them correctly as opposed to when they do not know the rules and/or apply them incorrectly. It is argued that, since knowledge of the divisibility rules is a reliable predictor for gaze behaviour, gaze behaviour can in turn be used to assist teachers to identify a lack of knowledge and/or the incorrect application of the divisibility rules. Teachers can then cautiously intervene with revision to assist learners whose gaze behaviour indicates that they need assistance.

A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

A critical analysis of the learners’ constitutional rights to basic education in South Africa

Globally, several countries have been proposing to make primary education compulsory and freely available to all. Although there has been steady growth in learner enrolment in South African public schools since 1994, the socio-economic status of parents, racial and religious discrimination, high cost of school fees and schools’ language policies have prevented poor learners from accessing basic education, especially in public schools located within affluent areas. This paper critically examines legislation and policies relating to children’s constitutional rights to basic education. The government’s mandate to redress past injustices and concentrate on social justice and equity in public education is hampered by the failure of many schools tocorrectly interpret or consistently apply legislation and regulations relating to learner admissions. It has been found that the admission policies drawn up by school governing bodies (SGB) covertly prevent poor learners from enrolling at affluent schools. Although school admissions have been contested in various court cases, governing bodies of some affluent public schools continue to practise unfairness in opening its doors to all children. To ensure that social justice and equity prevail in school education, the Department of Education should revise policies or amend existing legislation encouraging SGBs to provide learner access without any prejudice.

A Capabilities Approach to the Adjudication of the Right to a Basic Education in South Africa

This article explores the contours of what a capabilities approach to the adjudication of the right to a basic education in South Africa entails. The right to a basic education fulfils an important role within South Africa’s project of transformative constitutionalism, which aims to transform society through processes grounded in law. In turn, transformative constitutionalism’s focus on the fundamental constitutional values of freedom, dignity and equality—and its recognition of the relevance of context—resonates with the values underlying the capabilities approach. Certain principles common to transformative constitutionalism and the capabilities approach, namely participation through informational broadening and substantive reasoning through explicitness, should be observed by reviewing courts at all stages of the adjudicative process. Thereafter, the first step of a capabilities approach to adjudication is for courts to interpret the content of the right with reference to the capabilities and functioning outcomes it represents in concrete contexts. Next, a capabilities-based standard of review should be applied to impugned government laws, policy or conduct. Finally, a capabilities approach to remedies should be adopted. This article concludes by evaluating selected education-related judgments by South African courts against the requirements posited by a capabilities approach to adjudication.

The Obligation to Provide Free Basic Education in South Africa: An International Law Perspective

In South Africa many learners are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to provide free primary education. This article examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as well as the significance of the right to education as a central, facilitative right are examined in order to establish the content of the right to basic education and the legal obligations that ensue. Against this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued that learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education.

Diversity in Basic Education in South Africa: intersectionality and Critical Diversity Literacy

ABSTRACTThe notion of essentialised racial difference was a keystone of apartheid education which served to cement white supremacy in South Africa. More recently there is a need for socially-just education that requires a robust analytical orientation in interrogating power, privilege and difference. Therefore this article engages the following questions: What are the philosophical, epistemological and pedagogical underpinnings of diversity in education in South Africa?; and What is the possible role of diversity literacy in fostering an active and participatory citizenship in the years ahead? We engage conceptually with the understanding of diversity in education in South Africa, followed by the presentation of a framework – Critical Diversity Literacy (CDL) – and a series of curricular questions emerging from this framework that might be pedagogically useful when engaging issues of power, privilege and difference in teacher training. CDL potentially addresses the weaknesses in previous approaches to engaging with issues of diversity in education and offers grounded, contemporary, and authentic opportunities for decolonising classroom content and practice.

Leadership, Stakeholders and Learner Performance in Four Western Cape Schools

Recent decades have witnessed extraordinary gains the world over in enhancing access to education – but there has been much less progress in improving educational outcomes. To better understand and address this disconnect, the University of Manchester-based and DFID-supported Effective States and Inclusive Development global comparative research programme has supported a range of studies on the politics and governance of basic education in Bangladesh, Ghana and South Africa. This paper is one of a series which explores the politics and governance of basic education in South Africa at national, provincial (Western Cape and Eastern Cape), district and school levels. Annex A provides an overview of the overall research design and hypotheses for the full set of papers. The focus of this paper is on some micro-level governance and political economy determinants of performance over time in four schools in the Cape Town metropolitan area. Sections I and II describe the paper’s analytical and empirical approach. Sections III-V detail the school-specific results. Section VI suggests some implications of the analysis.

Causes of financial mismanagement in South African public schools: The views of role players

This paper investigates the underlying causes of financial mismanagement in public schools and focuses on the perceptions of various role players in the Limpopo Province of South Africa. The various Departments of Basic Education in South Africa allocate funds to schools each year, and expect school principals and school governing bodies to manage it appropriately. The problem is that in some schools, the principals, teachers and school governing body members are perpetrators of various financial mismanagement activities related to financial mismanagement. This article reports on qualitative research used to arrive at an in-depth understanding of why financial mismanagement occurs in certain schools. For this purpose, data was collected through semi-structured interviews with principals, finance officers and departmental officials and analysed thematically. The findings revealed a lack of knowledge of legislation and skills, poor monitoring and control of funds, unavailability of financial policies in schools, omission to act against culprits, and lack of honesty, openness and trustworthiness. The article proposes remedies that might bring financial management in public schools in line with the principles of good governance. Keywords: Accountability; Corruption; Financial maladministration; Financial mismanagement; Misappropriation; Principals; Public schools; School governing bodies

The Nexus between the Rights to Life and to a Basic Education in South Africa

This article aims at exploring the nexus between the fundamental rights to life and to a basic education within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and the South African Schools Act 84 of 1996. Attention is drawn to the role of the law to order the living world humans live in an thus creating an emancipated framework allowing individuals a moral and self-sufficient life.The overarching goal of the supreme Constitution is to improve the quality of life of all citizens and ultimately to free everyone’s potential. In order to reach this goal and allow everyone to live a dignified life that it is worth living, the importance of education is highlighted.
 As important source of education law, the objectives of the Schools Act, namely to (a) provide education of a progressively high quality, (b) lay a strong foundation for the development of humans’ talents and capabilities, (c) advance democratic transformation, (d) combat discrimination and intolerance, (e) assist the eradication of poverty and the well-being of society, (f) uphold learner rights and (g) promote the acceptance of responsibility are discussed and their practical realisation scrutinised. This lead to the author to establish the nexus between the two fundamental rights and to delineate the prominence of the delivering of a progressively high quality of education is provided to all South Africans to enhance their quality of life.
 By taking regard of the role of the law in the sphere of education, the duties placed on all educational role-players to take responsibility for the delivery of educational services and be accountable therefore, are highlighted. The value of education was in this regard stressed in order to enable humans to take responsibility for their own lives, the conditions under which they live, the choices they make and the changes they bring about to better their lives. 
 
 

Inclusive Basic Education in South Africa: Issues in its Conceptualisation and Implementation

Education is one of the most topical issues in South Africa. In recent years, particularly in the period after the adoption of the UN Convention on the Rights of Persons with Disabilities (2006) (hereinafter CRPD), the discourse on the education of children with disabilities has mainly focused on the potential of White Paper 6 on Special Needs Education (2001) (hereinafter WP 6) and its implementing programmes to facilitate the realisation of the right to education for children with disabilities. The CRPD proposes inclusive education as the appropriate way of ensuring the right to education for children with disabilities, and sets out a framework for the implementation thereof. In addition, the CRPD sets out other principles which essentially redefine the approach to the interpretation and implementation of the rights of persons with disabilities. One such principle is the principle of non-discrimination, which demands that all rights be implemented on a basis of equality between all people, disability notwithstanding. Arguably, the legal and policy frameworks on education in South Africa reflect the standards proposed under the CRPD to some extent, and other instruments on the right to education. However, there are still considerable challenges in the conceptualisation and implementation of inclusive education, especially at the basic education level. These challenges are not unique to South Africa, and are mainly attributable to the evolutionary background of the concept of inclusive education at the international level. Hence for instance, the understanding of inclusive education often tends to focus exclusively on the education of persons with disabilities as opposed to the inclusion of all marginalised and excluded groups. This narrow understanding is replicated in South African law, policy, and practice of education. Challenges to the realisation of inclusive basic education in South Africa are compounded further by the pertinent issues underlying the implementation of basic education in South Africa such as the question of equality in education, the financing of basic education, the nature of the states duties pertaining to the provision of basic education, and the interpretation of the notion of basic education. The understanding of inclusive education in South Africa has also been impacted by historical factors, such as the apartheid exclusion of the masses from mainstream basic education, and the subsequent need to "include" everyone in post-apartheid education. All of these factors point to the need to interrogate the current approaches to inclusive basic education in South Africa as against the Constitution of the Republic of South Africa, 1996 (hereafter the Constitution), and international standards that South Africa has committed to through the ratification of the CRPD and the UN Convention on the Rights of the Child (1989) (hereafter the CRC). For instance, there is a need to establish the extent to which the differentiated obligations with respect to basic education as distinct from other levels of education apply to inclusive education. Hence, is there a difference between the nature of the states obligations in respect of "basic education" and those relative to "inclusive basic education"? Further, it is imperative to establish the convergence or divergence between inclusive education as set out in the CRPD and as implemented through WP 6.

Editorial

The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).
 

The Right to Basic Education in South Africa: Lessons from Section 27 and Others v Minister of Education and Another (2012) ZAGPPHC 114

This article proffers a critical discussion on the right to basic education in South Africa. It argues that access to basic education is society’s crucial developmental aspect. Further that minimal or lack of commitment and respect for education largely impact adversely on the realization of Millennium Development Goals, and constitute a recipe for disaster in any country. The article is a product of distress subsequent to a dismal experience resultant from a failure by Limpopo Department of Basic Education to honour and carry out its obligations of providing and delivering textbooks. Provision of textbooks to schools constitute state’s non-derogable duty which is indispensable in reinforcing the transformative ideals of the Constitution, that aid the commitment of realizing the right to basic education and uplifting societal literacy. It is argued that nationwide workshops and campaigns ought to be carried out in view of propagating for respect, care and commitment to deliver quality basic education to the populace. Further that there exists a desperate need for a reinforced system that ensures quality leadership and accountability for the progressive realization of this essential right. The South African Constitution, other legislation, international instruments, articles and case law were utilized in the completion of this article. DOI: 10.5901/mjss.2014.v5n27p1120

The complexity of dealing with change in the South African schooling system: 20 years into democracy

The issue of educational transformation and quality basic education in South Africa has been the focus of both academic and political debates, particularly evident in student unpreparedness for tertiary education. Following the democratic elections of 1994, education democratisation has been formalised, with the redistribution and extension of power to local school governing bodies and the removal of centralised control over certain aspects of educational decision-making. The new educational policies are underpinned by numerous regulations on governance, labour relations, performance and performance management, which bring complexity to the work that goes on in schools. This article looks at the complexity of dealing with change in the South African schooling system. Taking a historical and reflective stance, the article discusses the moderating effects of distal forces (political, socio-economicand complex policy framework) and their impact on proximal forces (resource provisioning including school infrastructure, well-resourced and under-resourced teaching and learning contexts). Despite notable achievements in many areas since 1994, including social services and the political economy, it is not easy to undo the overtly racist, oppressive and unjust policies that determined the mandate and scope of education for the different racial groups in the country for more than 100 years. Possible solutions are suggested for educational policies and school reform.

The National Policy for School Infrastructure and Its Implications for School-Based Management in South Africa

AbstractAs part of its legislative mandate to provide ‘Quality Education for All’ in the country, the Department of Basic Education in South Africa is committed to the creation of a safe and secure...