This treatise investigates the extent to which education could be declared an essential service. This is informed by an ongoing public perception that education is in a crisis as a result of the ease within which teachers embark on wildcat strikes, the level of absenteeism in schools, the manner in which communities prevent learners from attending school to place pressure on the state to meet service delivery demands, the lack of professionalism among teachers and the performance of our learners in achieving international benchmarks of results. The treatise critically explores the debate, in the South African context, on the need to declare education as an essential service in South Africa. This is done by examining the international benchmarks set by the International Labour Organization (ILO) in relation to essential services and what motivating reasons exist, if any, to proceed with declaring education as an essential service. There is a dire need to find a balance between the teachers’ right to strike and the learners’ right to basic education. At the moment there is a threat to this balance with the rights of teachers appearing to override those of learners and this has a negative impact on the learning outcomes and stability in education. The question that arises is what measures must the South African government put in place to ensure that the fundamental rights to education are not compromised. If the current situation continues to prevail it has the danger of retarding the development of a society in transition. There is a need for urgent intervention that takes on a consensus-based approach of identifying education as an essential priority in the interests of all. Can this be achieved by developing a minimum service level agreement for education that outlines which levels of teachers may go on strike? Can policy be regulated that outlines the duties of principals and deputy principals as those who are in the authority of the state and as such may not go on a strike? Can this be achieved without compromising the rights of any citizen as guaranteed in the Constitution of South Africa? The solution that this treatise provides to these vexing questions attempts to balance the rights of teachers with those of learners with a view to normalizing and stabilizing education in South Africa. It recommends that policy be set in place for principals and deputy principal that identifies them as part of those public servants who are in the authority of the state and therefore may not embark on a strike. This will enable the state to gain control of striking situations in education to ensure that there is still authority at the schools to maintain some level of minimum service, especially where there are very young learners. At the same time this will not be so severe as to render a strike in education ineffective for the teachers’ not to be able to exert force on the state to achieve improved conditions of service for themselves.

Since the advent of the democratic dispensation in 1994, the government of South Africa has made significant steps in addressing issues of national concern. One of the major highlights is a Bill of Rights, as stipulated in the South African Constitution, Act 106 of 1996, which states that every child has a right to basic education. However, in spite of compulsory education, an extremely high rate of absenteeism has been noticed in many primary schools of the Eastern Cape Province in the Nelson Mandela Metropolitan region. The purpose of this study was to develop a deeper understanding of the major factors that contribute to absenteeism in the Govan Mbeki area of the Nelson Mandela Metropolitan Region, with the ultimate aim of promoting school attendance among learners. Both quantitative and qualitative approaches were used to collect the data in two schools. Using purposive sampling, two schools in the Govan Mbeki area were identified. These two schools were known to have a high rate of learner absenteeism. In each of the schools – which, in this research, are referred to as school A and school B, 20 parents, 6 teachers and 20 learners (10 per school) were identified as participants. The major findings of this study show that the factors affecting school attendance are interlinked; and, they include – although they are not limited to – bullying, poverty in households, poor teacher-student relationships, a poor learning environment, and the underperformance of the learners, which, in turn, result in disinterested learners. The study recommends a joint engagement of school, homes and the Department of Education to develop mechanisms, which might help both parents and teachers to navigate potential solutions to curb the trend. Furthermore, there needs to be a concerted effort to reduce household poverty and to sensitize teachers of their responsibilities towards their learners.

Thesis (LLD.) -- University of Limpopo, 2021 / The delivery of substandard education to the leaners in South African schools has become a pressing concern and needs special attention. This is so despite the advent of democracy in 1994, which brought legislative frameworks and other measures promoting access to quality education. This study seeks to highlight the importance of a radical paradigm shift in educational approach, from a single (access) to a dual system (access and delivery) in South Africa. The study examines adequacy of access to education, by evaluating the effectiveness of delivery. The study emphasizes that delivery should be strengthened in order to develop skills and capacity. The study also accentuates the need to strengthen legislative measures and compliance, in order to improve the delivery of quality education to the leaners. The domestic laws such as the Constitution of the Republic of South Africa, Skills Development Act, the South African Schools Act, Further Education and Training Act and the Continuing Education and Training Act, which all cover access and full delivery of quality education, will be examined. It is pertinent to point out that the delivery of quality education and skills development, can improve the employability of leaners and graduates, wherever they find themselves. Consequently, it is fundamentally important to increase interest in strengthening the implementation of the skills development legislation and policies, to drive the necessary change from access to delivery, in order to meet the developmental needs of the country. Lessons are drawn from China, Finland and Singapore, where policies and laws are utilized for the purpose of comparative studies. The rationale for such a comparative analysis is premised on the fact that these countries have very strong educational systems, which promotes the employability of learners, and also enables learners to become self-reliant and entrepreneurs. / National Institute for the Humanities and Social Sciences (NIHSS) and South African Humanities Deans Association (SAHUDA)

Thesis (masters)--University of South Africa, 2001.

Thesis (M. Dev.) -- University of Limpopo, 2016 / This mini dissertation seeks to articulate the issues and challenges being faced by the rural South Africa pertaining to the aspect of providing ample access to quality education. The structures, policies and programs of the flows of apartheid are therefore compered and contrasted to the post-apartheid (1994) structures, policies and programmes. It further argues that any impediment to the right is in contrast to the spirit and purport of the provisions of the Bill of Rights enshrined in the South African Constitution of 1996 which provides for this constitutional right. Although there was a radical transition in educational policies and programmes from apartheid to postapartheid, till to date there are still numerous challenges within the basic and higher educational sectors within and between institutions. This mini dissertation recommends that government should make education completely free from levels such as primary, tertiary and the postgraduate levels, and to use education as an investment tool. In this regard, government will be investing in youth to contribute in developing solutions to aid the rural masses. It recommends that education be made compulsory from grade 1 to grade 12.

Non-governmental organisations (NGOs) have been criticised for depoliticising development through focusing on alleviating suffering rather than on addressing the root causes of poverty and underdevelopment. This research explores whether and how NGOs can act in ways that do not depoliticise development. The research focuses on education NGOs and in particular on the NGO GADRA education in Grahamstown, South Africa, to provide insights into ways in which politically conscious leadership of NGOs attempt to deal with the contradictions that are inherent in this field of work. This research provides a brief history of the South African Education system as a means to set a basis for the discussion of the role of education NGOs in the country. Furthermore it looks at the work that is done by GADRA education in the Grahamstown community. The thesis makes the argument that education NGOs can act in ways that do not depoliticise development because by providing access to education for people who are structurally excluded from education, they contribute to shifting power. This research found that although the leadership of GADRA Education acknowledge that they are confronted with great challenges in terms of how to bring about changes in the education system, they are hopeful that advocating for quality education will bring about the potential for the disruption of power relations as they exist between the state organs and the public.

Thesis (LLM.) -- University of Limpopo, 2020 / The history of the South African education system is one that is tainted by inequalities and restricted access. The Bantu educational system, with its racially separated education facilities, ensured that the black child stayed a marginalised group. Within the new constitutional dispensation, the hope existed that all students will have access to equal levels of quality education, with Section 29 of the Constitution specifically guaranteeing that everyone has the right to basic education. To repair the injustice and discriminatory practices of the past, a system of inclusive education has been introduced, with the aim of granting educational access to all children. However, it has become apparent that this system could be perpetuating a form of the injustice that it aimed to fight. Inclusive education, with the aim of making no distinction in the student body, is creating a new marginalised student: the borderline student. These are students who do not have a cognitive impairment, but have what is known as a “below average IQ”. Recent studies show that, for many of these students, the inclusive education system is failing to address their unique educational needs, limiting their participation and pushing them to the peripheral edge of the educational system. This is a complex and serious problem that needs to be addressed at a policy level. This legal-educational presentation aims to provide an exploration of the borderline student and addresses the question as to why they are falling between the cracks of the inclusive education system.

Thesis ((LLD.) -- University of Limpopo, 2021 / The delivery of substandard education to the leaners in South African schools has become a pressing concern and needs special attention. This is so despite the advent of democracy in 1994, which brought legislative frameworks and other measures promoting access to quality education. This study seeks to highlight the importance of a radical paradigm shift in educational approach, from a single (access) to a dual system (access and delivery) in South Africa. The study examines adequacy of access to education, by evaluating the effectiveness of delivery. The study emphasizes that delivery should be strengthened in order to develop skills and capacity. The study also accentuates the need to strengthen legislative measures and compliance, in order to improve the delivery of quality education to the leaners. The domestic laws such as the Constitution of the Republic of South Africa, Skills Development Act, the South African Schools Act, Further Education and Training Act and the Continuing Education and Training Act, which all cover access and full delivery of quality education, will be examined. It is pertinent to point out that the delivery of quality education and skills development, can improve the employability of leaners and graduates, wherever they find themselves. Consequently, it is fundamentally important to increase interest in strengthening the implementation of the skills development legislation and policies, to drive the necessary change from access to delivery, in order to meet the developmental needs of the country. Lessons are drawn from China, Finland and Singapore, where policies and laws are utilized for the purpose of comparative studies. The rationale for such a comparative analysis is premised on the fact that these countries have very strong educational systems, which promotes the employability of learners, and also enables learners to become self-reliant and entrepreneurs.

The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education. / Educational Studies / M.Ed. (Education Management)

In recent debate within education, the notion of barriers to learning has been reconceptualised to focus on systemic issues rather than deficits in individual learners. These barriers are factors which contribute to learning breakdown and exclusion. HIV / AIDS has been recognised as one of the factors which contributes to preventing children from participating in and benefiting from learning. In South Africa HIV/ AIDS has reached pandemic proportions. There has been a call for in depth qualitative micro-studies to supplement the numerous macro, quantitative studies on HIV / AIDS to explore contextualised experiences of HIV / AIDS and barriers to learning. This study was aimed at mapping barriers to learning in a context of HIV and AIDS amongst grade 6 and 9 learners in the Richmond district of KwaZulu-Natal. The study used semi- structured interviews and focus groups with participative methods of data collection. The total sample was 60 with an equal number of male and female participants. The data was analysed qualitatively using thematic analysis and the framework provided by Bronfenbrenner's theory with a particular focus on contextual factors to describe and analyse the barriers to learning in the study. The study found that psychosocial exclusionary factors that were located at different system levels in terms of Bronfenbrenner's theory exacerbated the impact of mv/ AIDS in the context of the study. The interconnectedness of, and the ripple effects amongst, these barriers to learning create additional challenges for the current education policies to minimize the impact of HIV / AIDS in formal education / Thesis (M.Ed.)-University of KwaZulu-Natal, Pietermaritzburg, 2006.