Safeguarding the right to education in South Africa: Whose responsibility is it

The essence of the right to education as outlined in section 29 of the 1996 Constitution remains a crucial and empowering entitlement deserving protection. Legally speaking, the right to education is inherent and thus places a responsibility on both governmental bodies and educational institutions to ensure its preservation at all cost. However, despite this legal mandate, it's evident that this right isn't always adequately upheld in accordance with educational legislation. This study delves into the safeguarding of the right to education, seeking to identify the parties responsible for ensuring its protection. In simpler terms, the central inquiry posed by this analysis is who holds the obligation to uphold the right to education. Methodologically, this study employs a literature review approach, utilizing resources such as Google Scholar and other internet search engines to access relevant scholarly works. By incorporating contemporary research findings, this paper aims to address the duty of safeguarding this right and ascertain which entities bear the responsibility.

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Publication Details

Journal
The Journal of Quality in Education
Published
2025-05-18
DOI
https://doi.org/10.37870/joqie.v15i25.453
Primary Topic
Human Rights and Development
Type
article
Field-Weighted Citation Impact
0.00
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article

Safeguarding the right to education in South Africa: Whose responsibility is it

Isaiah Mmatipe Sefoka
The Journal of Quality in Education
Human Rights and Development
article

Safeguarding the right to education in South Africa: Whose responsibility is it

Isaiah Mmatipe Sefoka
article en

Abstract

The essence of the right to education as outlined in section 29 of the 1996 Constitution remains a crucial and empowering entitlement deserving protection. Legally speaking, the right to education is inherent and thus places a responsibility on both governmental bodies and educational institutions to ensure its preservation at all cost. However, despite this legal mandate, it's evident that this right isn't always adequately upheld in accordance with educational legislation. This study delves into the safeguarding of the right to education, seeking to identify the parties responsible for ensuring its protection. In simpler terms, the central inquiry posed by this analysis is who holds the obligation to uphold the right to education. Methodologically, this study employs a literature review approach, utilizing resources such as Google Scholar and other internet search engines to access relevant scholarly works. By incorporating contemporary research findings, this paper aims to address the duty of safeguarding this right and ascertain which entities bear the responsibility.

The Journal of Quality in EducationVol. 15(25)
University of Limpopo (ZA)
Openalex Percentile: Top 86%
Human Rights and Development
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