Spatial justice and sustainable access to basic education in South Africa

• In Event: Policy and debate in South Africa

Proposal

Introduction

The highest court in South Africa has identified “access to school [as] an important component of the right to a basic education… [and] a necessary condition for the achievement of this right” (Juma Musijid Primary School and others v. Essay NO and others: 2011). Twenty-four years into democracy, South Africa is still grappling with the one of the most lasting remnants of Apartheid's legacy, the ‘land question’. Or the question of restoring and redistributing land to the historically dispossessed and securing their rights of access. Race and class divisions in the country are still most visible in relation to who has access to land and quality services, such as healthcare, and of course, education. Access to basic education and its dependence on the ability to access both rural and urban land, has manifested in the continued exclusion of the poor and black majority in South Africa.

This paper addresses the obstacles to achieving equal access to land, and therefore, to equal, quality education, in both the urban and rural context. It also identifies and analyses the interventions aimed at overcoming these obstacles. The paper contributes towards comparative and international perspectives.

The urban land question

South Africa’s urban centers represent a tale of two cities - one, historically white and far better served; the other, historically black, situated on the outskirts, far from economic activity and quality services, particularly education (Silber et al: 2016).

Unequal and inadequate educational opportunities are amongst the greatest obstacles to equality, dignity for young people in South Africa (Isaacs Aff. 20). Sadly, in cities such as Cape Town, public schools in wealthy, mostly white suburbs in the city centre generally offer better educational opportunities than schools in poor and predominantly black townships (Dwane Aff. 20).

Research indicates that educational inequality between the rich and poor in South Africa is particularly high compared to international standards (van der Berg: 4: 2008)

Urban spatial justice interventions and impact

Access to quality public schooling in better-off neighbourhoods, for learners coming from poorer households, is hindered by a number of factors. One factor relates to South Africa’s school ‘feeder zones’ policies. A ‘feeder zone’ is, “an area that a school should prioritise when admitting learners...taking into consideration learners who live close or whose parents work close to that school” (Federation of Governing Bodies for South Africa v Member of the Executive Council and Others: 2016). Often, ‘feeder zones’ of wealthier schools are determined solely on the basis of proximity to the school. The implication is that learners residing in townships - not in close proximity to wealthier schools and neighbourhoods - are effectively barred from attending these well-resourced schools; perpetuating the cycle of inequality.

There are at least two possible interventions to redress such inequality. The first is to ensure broader, more inclusive school feeder zone determinations. The second is to ensure that affordable, government-subsidised housing is developed closer to historically privileged areas. Equal Education (EE), an activist movement for quality education, has advanced both these arguments in recent court interventions.

In the case of the former, EE made submissions to the Constitutional Court, as amicus, highlighting that feeder zones based solely on one’s home or work address perpetuate unequal access to education. The Constitutional Court case, which took place in 2016, was a success. In his final judgment, former Deputy Chief Justice Dikgang Moseneke affirmed the constitutional imperative of redressing inequality in the education system: “[P]ublic schools are not rarefied spaces only for the bright, well-mannered and financially well-heeled learners. They are public assets…required to help achieve universal and non-discriminatory access to education” (Federation of Governing Bodies for South Africa v Member of the Executive Council and Others: 2016).

With regard to the latter, in an ongoing court case, EE has intervened again as amicus, to highlight the link between the need for affordable housing and access to quality education.

The rural land question

In the rural context, the weak tenure rights of farm labourers and farm dwellers means that learners who attend public schools located on privately-owned farmland are especially vulnerable. Farm schools remain amongst the poorest in South Africa, and continue to face significant and unique challenges relating to, amongst other things, transport, safety, school infrastructure, and quality education.

The insecure tenure of farm schools creates uncertainty and deepens inequality in our education system, widening the already considerable gap, even between rural and urban schooling.

Rural tenure security interventions and impact

EE and the Equal Education Law Centre observed the obstacles facing farm schools through their work relating to a school located in Oudtshoorn, a farming community in the Western Cape. The case involved a public school operating for more than 80 years on private rural land, subject to a lease between the landowner and the provincial education department. When the parties failed to negotiate an extended lease, the school faced threat of relocation to mobile classrooms at a small farm school nearly 20 kilometres away.

During litigation, the tenuous rights of learners attending farm schools were brought to light and the laws in place to protect these rights were examined; particularly, mechanisms which place a duty on the provincial education department to consider expropriating the land on which the school was located; alternatively, allow for the school to be operated on the basis of a long-term lease agreement.

The case highlighted the failure of the provincial education minister to engage existing mechanisms before deciding to relocate the school. The provincial education department was interdicted from relocating the school and asked to come up with a permanent alternative solution. Whilst the school remains operable on the property, its rights remain uncertain to date.

The paper utilises this case study to highlight legislative reforms which could enable sustainable land access for schools such as Grootkraal Primary.

This paper offers a unique analysis of the relationship between spatial justice and access to education in South Africa, utilising specific case studies drawn directly from the work of a social movement in the country.

Authors

• Hopolang Selebalo, Equal Education

• Rubeena Parker, Equal Education Law Centre

• Roné McFarlane, Equal Education