The South African Schools Act 84 of

1996: Education Policy and

Programs.
Student no 23206977

Thandazile Sellinah Ngwenyama

Module code 2023 EDSB700

Introduction

Similar to any democratic sovereignty, the constitution of South Africa provides

legislation that guides and protects the citizens of the country. Encampused within
this body of laws is the South African Schools Act 84 of 1996. The South African
Schools Act 84 of 1996 is a section of the legislation that instructs on how public
schools are to be run and managed in South Africa. It offers recommendations on a
number of policies, such as the creation of schools, the implementation of curricula,
language policy, school governing bodies, learner admissions, and disciplinary
processes. The legislation intends to support parental engagement in school
administration, the rights of students and teachers, and equitable access to
education.

This essay explores how the Act aligns with the values and principles outlined in the
South African Constitution. It also analyzes the difficulties and scope of implementing
the Act's six main tenets, including the public school system's language policy,
multiculturalism, admissions policies, curriculum and assessment, religion, and
representative councils of learners.

The South African Schools Act 84 of 1996 and the South African Constitution

The South African Constitution's values and guiding ideals are firmly established in
the South African Schools Act. The Act seeks to foster values of social equity,
inclusion, nondiscrimination, and equality. It represents the constitutional guarantees
of the right to education, freedom of religion, and participation in political processes.
United Nations Convention on the Rights of the Child, Article 28 recognizes the right
of every child to education and outlines the obligations of states to ensure access to
education, including primary education that is compulsory and free. It also
emphasizes the importance of different forms of secondary education, making higher
education accessible, providing educational guidance, promoting regular school
attendance, and administering school discipline in a manner that respects the child's
dignity (United Nations, 1989).

Mestry (2017) argues that the South African Schools Act 84 of 1996 and the South
African Constitution are related, as implied in Article 28 of the United Nations
Convention on the Rights of the Child, which requires nations to make basic
education obligatory and readily available to everyone. The South African Schools
Act, which establishes the guidelines for educating South Africans, is in line with this
clause since it mandates compulsory basic education. The Act establishes
guidelines for the creation, administration, and management of schools and declares
that every child has the right to basic education. As a result, the South African
government's commitment to providing accessible and mandatory elementary
education, as embodied in the South African Schools Act and the Constitution, is
strengthened by the inclusion of Article 28 in the Convention.

Embracing and promoting values and principles as a teacher

It is crucial for teachers to support and uphold the values and ideals outlined in the
South African Constitution and the SA Schools Act. This may be accomplished
through encouraging a learning atmosphere in the classroom that values diversity,
inclusion, and equality. In addition to promoting intercultural awareness,
accommodating diverse languages, and respecting students' religious values,
teachers should offer equal learning opportunities. Ngubane & Makua, (2021)
highlight that Africa possesses a wealth of native philosophies and cultural traditions,
such as Ubuntu, that have the potential to serve as culturally responsive teaching
methods for indigenous students and those from various cultural backgrounds, if
appropriately adopted and embraced.

Language policy
The language policy aims to promote multilingualism, mother-tongue education, and
equal access to quality education for all language groups. The implementation of the
language policy has faced challenges, with limited resources hindering its full
realization. Many schools still struggle to offer mother-tongue education and
adequately support students from diverse linguistic backgrounds. Insufficient
funding, teacher training, and resources pose challenges to the effective
implementation of language policies. Maintaining a balance between mother-tongue
education and providing access to additional languages can be demanding.

Multiculturalism policy

The celebration of many identities and heritages is encouraged by multiculturalism,

along with cultural variety and intercultural understanding. Schools in South Africa
are getting better at recognizing and embracing multiculturalism. Diverse cultural
viewpoints have been incorporated into the curriculum in an effort to promote
inclusive school settings. Addressing preconceptions, biases, and prejudices,
guaranteeing cultural representation in instructional materials, and providing enough
training for educators on multicultural education are some of the obstacles faced in
putting the multiculturalism policy into practice. (Kamla-Raj, 2016)

Admission policy

According to Sibanda & Beckmann (2021), the admissions policy seeks to guarantee
equal and inclusive access to education for all students. Although the act specifies
rules for admission processes, obtaining fair access is still difficult, especially in
underprivileged regions. Implementation is hampered by problems including
inadequate infrastructure, congestion, and regional restrictions. Equitable admission
procedures need resolving socioeconomic inequalities, enhancing infrastructure, and
putting in place procedures for handling capacity issues.
Curriculum and assessment

The act emphasizes a balanced and inclusive curriculum that promotes quality
education and prepares students for the future. Progress has been made in revising
the curriculum to reflect diverse perspectives and address historical inequalities.
However, challenges persist in curriculum implementation, including resource
limitations, teacher training, and aligning the curriculum with changing societal
needs. Balancing the need for a standardized curriculum with flexibility to
accommodate diverse learner needs, improving teacher training and support, and
integrating relevant 21st-century skills pose challenges. (Letshwene & du Plessis,
2021)

Religion

The religion policy respects the diversity of religious views while recognizing the
freedom of religion and allowing for religious education and observance in schools.
Although there are chances for religious education and observance in South African
schools, maintaining inclusion and resolving possible conflicts resulting from various
religious traditions are difficult. Conflicts and inconsistencies have resulted from the
execution of the religion policy both domestically and internationally.

Nthontho (2018) emphises that there have been a lot more stories of expensive and
protracted legal disputes involving religion in schools between schools and parents
as well as between schools and education authorities. Careful management is
necessary to strike a balance between defending people's rights to exercise their
faith and encouraging inclusion while preventing disputes. Making ensuring that
religious teaching does not exclude or marginalize kids of other religions or those
who don't participate is a constant problem.
Conclusion

The values and tenets of the South African Constitution are deeply rooted in the
South African Schools Act 84 of 1996. Even if the Act's many parts have been
implemented, there are still problems. To properly achieve the Act's objectives in
areas including language policy, multiculturalism, admission policies, curriculum and
assessment, religion, and representative councils of learners, enough resources,
training, and support are required. To ensure that all South African children get
inclusive, egalitarian, and high-quality education, it is essential for educators to
uphold and spread the values and principles specified in the Act.
References

Government of South Africa. (1996). Constitution of the Republic of South Africa,

1996. Retrieved from
https://www.justice.gov.za/legislation/constitution/saconstitution-web-eng-02.pdf

Kamla-Raj. (2016). Reflections on the State of Multicultural Education in Historically

White South African Schools. International Journal of Educational Sciences, 13(1),
118-128.

Letshwene, M. J., & du Plessis, E. C. (2021). The challenges of implementing the

Curriculum and Assessment Policy Statement in accounting. South African Journal
of Education, 41(2), Supplement 2. DOI: 10.15700/saje.v41ns2a1978.

Mestry, R., 2017. A critical analysis of the learners’ constitutional rights to basic
education in South Africa. KOERS — Bulletin for Christian Scholarship, 82(3).
Available at: https://doi. org/10.19108/KOERS.82.3.2327

Ngubane, N., & Makua, M. (2021). Ubuntu pedagogy – transforming educational

practices in South Africa through an African philosophy: from theory to practice.
Faculty of Health and Management Sciences, Academic Literacy, Nelson Mandela
University, South Africa.

Nthontho, M. A. (2018). Schools as legal persons: Implications for religion in

education. South African Journal of Education, 38(Supplement 2), 8 pages. DOI:
10.15700/saje.v38ns2a1542.

Sibanda, G. M., & Beckmann, J. L. (2021). Admission policies as enablers and

disablers of children’s rights to basic education: Stakeholders’ perceptions. South
African Journal of Education, 41(4), 19 pages.
https://doi.org/10.15700/saje.v41n4a1939
United Nations (1989) Convention on the Rights of the Child. Retrieved 13nd May
2023 from https://www.ohchr.org/Documents/ProfessionalInterest/crc.pdf