Friday, 8 August 2014

South African Education - Legislation and Legal Framework

Education is a very powerful tool in the hands of the State - any state for that matter. Legislation can be used to exclude certain people from education, thus limiting such groups from the benefits of education. Legislation can also be used to limit the scope of education itself for it to become an organ for religious causes, military causes or other less desirable causes, amongst others. For example, some subjects / topics may not be tolerated. Think of evolution as an example. In some countries this topic is taboo! Indeed, education is a tool with which governments can shape a nation - for better or for worse.
Im sure we can all cite examples of other countries where education is used to exclude, suppress or favor specific sections of the population. We surely have examples of this in our own country!
When considering South Africa's legal framework the questions that we need to ask ourselves can include:

What are the aims of Government's policy with Education in post-1994 SA?
Which pieces of legislation are used to achieve this?
How does the constitution feature in what government does in terms of Education?
Which beckons the question: If education continues on its downward spiral, who is then in breach of the law? Who should be sued?