The Constitution of a democratic South Africa guarantees the right to education.  The Constitution also recognises political rights, which includes the right “peacefully, and unarmed, to assemble, to demonstrate, to picket and to present petitions.”  (Section 17).

The SAHRC has, over the last three days leading up to Youth Day 2016, been hearing testimony on the impact of protest on the right to basic education.  

These hearings were catalysed by the recent protests in Limpopo, which have affected children’s rights to education.  At the current time 42 000 children in Limpopo are out of school due to protest action.  The hearings looked at protests which have affected education over the past five years.

Many of those who made submissions to the SAHRC hearings on the Impact Of Protest-Related Actions on the Right to a Basic Education in South Africa have reiterated the fact that most of the protests, in which children are prevented from going to school, are not about education.

The Commission heard disturbing evidence about the multiple impacts on children and teachers, including threats to their personal safety, lowering of morale and the resulting trauma.  With respect to children, the Commission was particularly concerned about impacts on nutrition, as many children rely on school feeding schemes.  

A range of stakeholders participated in the hearings, including national and provincial government departments, educators, school governing bodies, civil society organisations, labour, community representatives, and others.  

The SAHRC has concluded its oral hearings today, 15th June 2016.  

As we prepare to remember the Soweto student uprising of 1976, let us honour the learners who courageously took to the streets to protest for their right to a decent education forty years ago.  Moreover, let us re-affirm our Constitutional commitment to the right to education as a central and facilitative right, which must be fulfilled in order for other rights in the Bill of Rights to be enjoyed.  

Issued by the South African Human Rights Commission.
For queries contact Isaac Mangena on 084 926 4269 or SAHRC Spokesperson Gail Smith on 060 988 3792