Equality of Opportunity in Education and Training - Education and Training Acts - South Africa

South African Schools Act, 1996

This Act regulates schools, and in addition to its preamble (which refers to sexism and unfair discrimination) appointments to the staff of schools must take into account equity and representivity issues. Gender-specific public schools are not prohibited. The State must fund public schools from public revenue on an equitable basis to ensure learners’ rights to education and to redress past inequalities in education provision.

National Education Policy Act, 1996

This Act requires the Minister for Education to formulate a national education policy that includes measures to address past discriminatory practices. Under s. 4, the policy must take into account the right to protection against unfair discrimination and to equal access to education institutions. In particular, the policy must seek to achieve "equitable education opportunities and the redress of past inequality in education provision, including the promotion of gender equality and the advancement of the status of women".

Higher Education Act, 1997

This Act establishes the Council on Higher Education and regulates public higher education institutions. In addition to the preamble referring to equality and discrimination issues, the membership of the Council must redress past discrimination and ensure representivitz and equal access. Under s. 8, the Council must consist of equal numbers of men and women voting members.

Under s. 31, each public higher education institution must have an institutional forum which advises the institution’s council on issues affecting the institution, including gender equity policies and the fostering of an institutional culture which promotes tolerance and respect for fundamental human rights.

Under s. 37, the admission policy of a public higher education institution must provide appropriate measures for the redress of past inequalities and may not unfairly discriminate in any way. Section 39 requires that the policy on public higher education funding also redress past inequalities.

Further Education and Training Act, 1998

This Act deals with private and public further education and training institutions. Its preamble refers to discrimination, equality issues and to the past marginalization of women.

Under s. 8, public further education and training institutions must establish a governing body (known as a council) which must develop a strategic plan which addresses past imbalances and gender matters (see paragraph 9(2)(a) of the Act). Members of the council must, if practically possible, be "broadly representative of the community served by the institution" in respect of gender and other matters.

An academic board, under paragraph 11(1)(a), is accountable to the council of the institution for academic matters including "the promotion of the participation of women ... in the learning programmes".

Under s. 14(6), staffing of the institution must take into account equity, past injustices and representivity. Under s. 16, the council must determine a code of conduct and disciplinary measures and procedures applicable to students which curbs, amongst other things, sexual violence and sexual harassment. Under s. 17, admission policies must "not unfairly discriminate in any way and must provide appropriate measures for the redress of past inequalities". A requirement for the registration of private further education and training institutions is that the registrar must not have reason to believe that the institution will unfairly discriminate against any person on the grounds of gender (see paragraph 26(1)(c).).

Education Laws Amendment Act, 2000 added that an educator commits misconduct if he or she, among other things, unfairly discriminates against other persons on the basis of race, gender, disability, sex, pregnancy, marital status, ethnic and social origin, etc. In addition, an educator may be dismissed if he or she is found guilty of victimizing an employee for his or her membership in a trade union, unfair discrimination

Adult Basic Education and Training Act, 2000

The purpose of this Act is to regulate adult basic education. The preamble notes that it is desirable to redress past discrimination and ensure representativity and equal access. Under s. 11, staffing of public education centres must account for the principle of equity, the need to redress past injustices, and the need for representativity.

Under s. 18, admission to public education centres must admit learners and serve their education requirements without unfairly discriminating in any way.