Section 29

Education

Education is a right — not a privilege that depends on gender, family decision, or financial status. This applies to girls equally as to boys. No family de...

Free Chapter 2 — Bill of Rights Constitution of South Africa, 1996

What Section 29 Says

(1) Everyone has the right— (a) to a basic education, including adult basic education; and (b) to further education, which the state, through reasonable measures, must make progressively available and accessible. (2) Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. (3) Everyone has the right to establish and maintain, at their own expense, independent educational institutions that— (a) do not discriminate on the basis of race; (b) are registered with the state; and (c) maintain standards that are not inferior to standards at comparable public educational institutions.

Plain-Language Explanation

Practical Significance
Education is a right — not a privilege that depends on gender, family decision, or financial status. This applies to girls equally as to boys. No family decision to keep a child out of school overrides this right.

Frequently Asked Questions

Can a school refuse to admit my child?
No public school may refuse admission on grounds of inability to pay school fees (Section 5 of the Schools Act), language, or other discriminatory grounds. The right to basic education in Section 29 is immediately realisable — not subject to progressive realisation.
Does Section 29 apply to adults?
Yes. The right to basic education explicitly includes adult basic education. Adults have a constitutional right to access literacy and numeracy programmes offered through the Department of Basic Education.

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