On Monday 25 July 2016, the Centre for Constitutional Rights (CFCR) supported by the Konrad Adenauer Stiftung (KAS), hosted a discussion at Rhodes University (RU) in conjunction with the Law Faculty as part of their running constitutional dialogue series. The aim of these discussions is to create a platform for conversation and debate about the Constitution and the values and rights contained therein. This discussion focused on the role that universities play in the building of inclusive societies, especially in the communities that they occupy.

16 June – Youth Day – is commemorated annually in South Africa in remembrance of the schoolchildren who died at the hands of the apartheid police in 1976. The protests were in response to Bantu Education and the imposition of Afrikaans as a medium of instruction in schools. The movement spread like wildfire across the nation and this year marks the 40th anniversary of what is now referred to as the Soweto Uprising.

The Soweto Uprising serves as a reminder of the importance of education to young people. It is thus important to reflect on the significance of the day for youth and for education today. Section 29 of the Constitution enshrines the right to education and provides that “everyone has the right to basic education”. Basic education is covered in the years leading up to and including matriculation.

On 20 May, the Constitutional Court made a unanimous decision concerning the powers of officials in determining admission policies for schools in Gauteng in the Federation of Governing Bodies for South African Schools v Member of the Executive Council for Education, Gauteng and Another matter. The case concerned the validity of amendments to the Regulations for Admission of Learners to Public Schools in Gauteng (Regulations) which were promulgated by the Member of the Executive Council for Education, Gauteng (MEC) in 2012.

On 3 December 2015 the Centre for Constitutional Rights (CFCR) and the School of Public Leadership (SPL) at Stellenbosch University (SU), supported by the Konrad Adenauer Stiftung (KAS), hosted the fifth and final in a series of breakfast discussions for 2015. The aim of these discussions is to create a platform for conversation and debate about the Constitution and good public leadership. This discussion focused on the future of higher education in the country in the wake of two nationwide protests championed by students regarding transformation at these institutions, as well the raising of tuition fees at the same. The breakfast was attended by guests from across the spectrum including government, academia, civil society and the media.

The facts are well known – with South Africa’s education system under the spotlight and faring badly; textbook shortages, as well as school infrastructure backlogs. To compound matters, in 2012, the Department of Basic Education’s Annual National Assessments revealed that grade nine students on average scored 13% for mathematics.

With this background in mind, Evelyn Pease from the Public Participation in Educa­tion Network, together with the Progressive Principals Association (the Applicants) approached the Western Cape High Court seeking relief in order to ensure delivery of the right to basic education as is enshrined in section 29(1) of the Constitution.