The Bill of Rights: implications for South African schools ten years into democracy

Abstract

Law reports prior to 1993 indicate that, de jure, school powers were not unlimited. The failure of schools to follow established procedures would result in occasional legal challenges and judgements against such schools. The imposition of the Bill of Rights in 1996, with its shift from parliamentary sovereignty to a constitutional democracy, made it crucial for South Africans to comprehend and accept this fundamental change, whose implications are currently playing themselves out in a variety of situations, including schools. Despite ten years of democracy there appears to be considerable lack of understanding of the Bill of Rights in the context of South African schools. The
Bill’s application, conflicts among various rights, and differences between the constitution and majority views remain problematic issues.