Issued by Sonia Twongyeirwe on behalf of the FW de Klerk Foundation on 11/07/2025

Introduction

The FW de Klerk Foundation’s 2024 Human Rights Report Card presents a clear and comprehensive assessment of the state of fundamental rights under the South African Constitution. Among its key areas of focus is the right to education as outlined in section 29. This includes every citizen’s entitlement to basic and further education and, where reasonably practicable, the right to receive that education in an official language of their choice at public institutions.

Advancements and Steps Forward

In 2024, South Africa achieved a historic matric pass rate of 87,3%, the highest pass rate in South Africa’s history and an almost 5% increase from 2023’s 82,9%. Of those who passed, 47,8% qualified for admission to Bachelor studies (i.e. university exemption). Additionally, after the Constitution Eighteenth Amendment Act, 2023, comes into effect, the Constitution will be changed to include South African Sign Language as an official language. (As of the date of writing, the President is still to set a date for the Act’s commencement via a proclamation in the Government Gazette.) The Department of Basic Education also made significant progress in promoting the use of indigenous languages at schools through the successful Eastern Cape Mother Tongue-Based Bilingual Education model that will be expanded nationwide. The goal is for the 2025 learner cohort to complete their primary education in their mother tongue and take their General Education Certificate exams in 2030, followed by their National Senior Certificate exams in 2033.

Stumbling Blocks and Setbacks

The BELA Act: centralisation at the cost of community

The Basic Education Laws Amendment Act, 2024 (“BELA Act”), was assented to by the President on 13 September 2024 and commenced operation on 24 December 2024. The BELA Act criminalises parents (with up to 12 months imprisonment) should they fail to enrol their child in Grade R. It is concerning that criminalising parents is considered a solution; one which will disproportionately impact socio-economically vulnerable families. The BELA Act also grants the State powers to override the decisions made by parents via School Governing Bodies (“SGBs”), including admissions and language policies decisions. This goes against grass roots democracy by centralising powers away from parents and schools’ local communities and may lead to less parental involvement in school governance, potentially diminishing the responsiveness of schools to the specific needs and preferences of their local communities. SGBs, however, should know that provincial heads of education have not been granted unlimited power; there are several requirements that must be met before departments can change school policies. The Minister was also requested to prioritise BELA training for officials to prevent abuse of power.

The state of the National Student Financial Aid Scheme – a blow to opportunity

The Constitution obliges the State to make the right to further education progressively available and accessible to everyone through reasonable measures (section 29(1)(b)). The National Student Financial Aid Scheme (“NSFAS”) is the way that the State has chosen to do this. Thus, the resignation of the NSFA board’s chairperson and the decision by the Higher Education and Training Minister, in April 2024, to dissolve the board and place NSFAS under administration reflects systemic failures. These failures are detrimental to both students and the future of South Africa’s economy.

Austerity in the classroom – the cost of budget cuts

Several Provincial Education Departments made significant structural changes to cope with severe cuts in their education budgets in 2024:

• The Western Cape was in the spotlight, because of its decision to reduce the number of educator posts as a result of a R3,8 billion budget cut. This crisis was further compounded by the national government’s decision not to fully fund the 2023 wage agreement, leaving the province to cover 36% of the shortfall.
• KwaZulu-Natal was unable to afford 11 092 educator posts due to a staggering R4 billion budget shortfall.
• Mpumalanga faced the pressure of a R876 million shortfall.
• North West was grappling with a R485 million gap.
  
  

Minister of Basic Education, Siviwe Gwarube, said the roots of the fiscal crisis were poor policy choices and a stagnant economy. This left critical sectors, like education, vulnerable. She emphasised that long-term solutions must focus on economic growth and prioritise education as a key investment in the country’s future, underscoring the need for increased funding in education, teacher development, educational technology and the eradication of unsafe infrastructure.

Conclusion

The education sector is struggling under the weight of budget cuts, the BELA Act and the dissolution of NSFAS’ board by the Higher Education and Training Minister. These reveal systemic failures on how to address pitfalls plaguing the education of South Africa’s youth. However, recent improvements in matric pass rates and the introduction of Mother Tongue-Based Bilingual Education signal small wins and progress towards future improvements. For more information on the health of this important right, see the FW de Klerk Foundation’s 2024 Human Rights Report Card.