Best Approaches to Home-schooling Education: Balancing Children’s Rights in the Era of COVID-19 in South Africa

Abstract

This article was motivated by the South African Basic Education Laws Amendment Bill (BELA) which, when in the draft stage, was open to public consultation until 10 January 2018 and re-opened again for comment on 15 May 2022, closing on 15 August 2022 after an extension was granted. This article examines the conflicting issues in the BELA clauses that are meant to regulate home-schooling. Using fundamental rights-based writings of notable legal philosophy scholars, and regional instruments such as the African Charter on the Rights and Welfare of the Child, the article aims to demonstrate how different rights could be balanced in what could be a clash of interests, should the Bill be passed. It is submitted that the socio-economic issues prevalent in South Africa have not been considered carefully by the drafters the Bill, so as to avoid a class action by dissatisfied parents. The article also aims to investigate the efficacy of online learning implemented by the state, to curb the spread of COVID-19 and to further ascertain its impact compared to the growing increase of home-schooling in South Africa. Finally, case law precedent will be cited to demonstrate the balance that must be struck when weighing up the different interests related to home-schooling.