n South African Journal on Human Rights - Can teaching be declared an essential service? A comparative analysis of the South African legal position and international labour organisation standards
|Article Title||Can teaching be declared an essential service? A comparative analysis of the South African legal position and international labour organisation standards|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal on Human Rights|
|Affiliations||1 University of the Witwatersrand|
|Publication Date||Jan 2014|
|Pages||526 - 542|
|Keyword(s)||CCMA, Industrial relations, Labour law and Labour relations|
ISI Social Science
The Right to Education is expressly protected in s 29 of the Constitution of the Republic of South Africa, 1996. While teacher strikes may hamper education - since students are denied instruction during the strike - they may also benefit students. Teachers do not always strike for personal economic gain and do at times strike for better education. In South Africa prior to 1994 teachers often went on strike against the apartheid government's education policy. For example, the Transvaal African Teachers' Association went on a number strikes as a sign of opposition to Bantu education saying that it was to be used to 'produce ignorant ... cheap labour ... of an oppressed people'. In Government of the Western Cape Province v COSATU a number of unionists, including teachers, protested against the poor state of education in the Western Cape.
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