Constitutional Law
Right to Education
Section 29 of the Constitution guarantees everyone the right to a basic education, including adult basic education. The state must progressively make further education accessible.
Legal Definition
Section 29(1) gives everyone the right to a basic education (including adult basic education) and the right to further education that the state must progressively make available and accessible. The Constitutional Court has confirmed this is an immediately realisable right for basic education.
📖 Constitutional / Statutory Basis: Section 29, Constitution of the Republic of South Africa, 1996; South African Schools Act 84 of 1996
Practical Example
A school refuses to admit a learner because their parents cannot pay school fees. Under s29 and the South African Schools Act, no learner may be refused admission due to inability to pay school fees.
Frequently Asked Questions
Can a school refuse my child admission?
Not arbitrarily. The SASA protects the right to admission. Schools cannot turn away learners based on language alone or fee non-payment for public schools.
Are school fees compulsory?
No. The state may declare public schools as no-fee schools. Even in fee-charging schools, learners from households below a certain income threshold are exempt from fees.
What about the right to education in your home language?
Section 29(2) gives everyone the right to receive education in an official language of their choice where reasonably practicable.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.