Judicial Administration and Enforcement of the Right to Quality Education in South Africa: A Discussion of Selected Case Laws

Abstract

This paper examines the judicial intervention in safeguarding the comprehension and the fulfilment of the right to quality education through its pronouncements and judgements. The paper showcase that these judgements and pronouncements have now become essential regulatory tools shaping the administration and enforcement of the right to quality education in South Africa. It emphasizes that the judiciary on its pronouncements showcase the importance of understanding the meaning of the right to education and steadfast the significance of having social services connected to the learning environment for the delivery and realization of quality and sustainable education. It concludes that this right is inalienable and as such, it is incumbent on the government and institutions responsible for the protection of this right to certify that the right is promoted, protected and provided for at all cost. The paper recommends that the judiciary must continuously contribute in ensuring that quality education is promoted and protected by pronouncing judgements that promote quality sustainable education connected with good social services in schools across South Africa.

Received: 20 August 2021 / Accepted: 15 December 2021 / Published: 5 March 2022