07/08/2026
This week, the Equal Education Law Centre (EELC) contributed to important conversations at the 30th Annual SAELA -SA Education Law Association International Conference, where this year's theme was: "Pothole or Speed Bump – Balancing Rights, Resources and Responsibilities in Education."
Our team presented on two critical issues shaping the realisation of the right to basic education in South Africa.
⚖️ Katherine Sutherland (Head of Research and Advocacy) and Tarryn Cooper-Bell (Senior Attorney) presented "Abandoned by Government, Trapped by Law: Unfunded Grade R Entangles Grade R Providers in Regulatory Webs." Drawing on our 2025 report, "Left Out Before They Begin: Law, Funding and Equity in Grade R", they explored the legal and constitutional consequences of government making Grade R compulsory without fully funding its implementation.
Their presentation examined how Treasury's decision to fund only a small portion of the quantifiable need, partly by redirecting funding from the Early Childhood Development grant, has created an unfunded constitutional mandate that disproportionately impacts children from poorer communities. They also highlighted the disconnect between law, policy and budgeting when Parliament creates rights-based obligations that are not adequately resourced, leaving schools, Grade R providers and, ultimately, young learners to bear the burden.
🏫 Chandre Stuurman (Senior Attorney) and Sith'enkosi James (Candidate Attorney) presented "When Policy Meets Capacity: Learner Admissions and the Limits of the Right to Basic Education."
Their presentation demonstrated that despite a strong legal framework and significant policy developments following litigation against education departments, many learners continue to experience prolonged periods without access to schooling. Focusing on the Metro East litigation and its developments to date, they explored how litigation, policy reform and persistent infrastructure shortfalls continue to shape learner admissions and learners' access to basic education.
We are proud of Katherine, Tarryn, Chandre and Sith'enkosi for sharing the EELC's research, litigation experience and advocacy with education law practitioners, academics and policymakers from across South Africa and beyond.