Education Legislation in South Africa: Sources, Types, and Constitutional Context

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LAW 401 Unit 4 Legislation Pertaining to Education in South Africa LECTURE OUTCOMES: Looking at the historical development of SA Education Legislation The Constitution of the Republic of South Africa The Bill of Rights, Act 84 of 1996 and the limitations, interpretations and protection of rights Introduction (Oosthuizen et al., 2020: 57-58): Sections 82 and 124 of the Constitution states that copies of legislation (national and provincial) should be kept at the Constitutional Court Formal definition: “any statute, proclamation, ordinance or other measure which has the authority of legislation” (57) Legislation can be seen as legal rules created by a competent (hopefully) organ of the State. Legislation is one of the main sources of Education Law Introduction continue: Technically could see all legislation as ‘subordinate’ – because of the Constitution. We do classify legislation as: Original or primary legislation Subordinate or delegated legislation Legislation should be published before it can go into effect: Government Gazette – National legislation Provincial Gazette – Provincial legislation and municipal by-laws Original and Subordinate legislation (Oosthuizen et al., 2020: 58...