A few weeks ago, the country saw a series of mass protests at various institutions of higher learning, viz WITS, Rhodes, UCT, UWC among others. The protests, facilitated and led by the students of the institutions themselves called for fee increments across universities to ‘fall’, this was prompted by the decision by various school councils to raise fees by a certain percentage. There was also other grievances the students had, for instance the lack of funding for the poorest of the poor, not being ‘poor enough’ for NSFAS and the outsourcing of cleaning staff.
The one call that did stand out, and raise robust debate was the call for ‘free education’. According to the Education clause in the Constitution, Section 29 (1) b :
Everyone has the right to further education, which the state through reasonable measures must make progressively available and accessible.
Section 29 (1) b hinges on the realisation of this right to further education, against the availability which is afforded by the state, to the public. Is this a feasible right currently?
South Africa in contrast to other jurisdictions such as Germany for instance currently does not offer free further education to all, which leaves a large number of students destitute. Many South Africans live below the breadline which consequently makes it harder for the average South African to pursue further studies post-matric. This is one the factors that gave rise to the #FeesMustFall movement, the movement is also said to be reminiscent of the ‘Arab Spring’ protests in the year 2010, it also gave rise to other various hashtags on social media viz #NationalShutdown. The movement also gained support in other jurisdictions such as Britain, with university students in London protesting in solidarity. The South African Fashion Week also took to the runway, and expressed their solidarity to the movement, with models carrying #NationalShutdown placards.
To give context and light on the matter, Raymond Suttner writing for the ‘Daily Maverick’ in his Op-Ed: #FeesMustFall and the status of post-Apartheid South Africa’, states: “clearly, race does matter.”
Race being the huge influential factor in the protest actions, given the historical context of this country and the imbalances caused by the apartheid regime. Suttner goes on to say:
the driving force of the protests was however, the unfulfilled promises of 1994, the failure to secure social equality between black and white, rich and poor.
Section 9 of the Constitution makes provision for equality for all, but yet even with the equality clause for some rights to be implemented, a balance has to be struck between competing interests.
What the #FeesMustFall movement has however managed to do, aside from successfully obtaining the zero percent fee increment for the year 2016 which was announced by President Jacob Zuma speaking at the Union Buildings in Pretoria, the movement has managed to get the dialogue around ‘free education’ interrelated issues going, and that is a start to the journey in the progressive realisation of rights entrenched in our Constitution.
*http://www.dailymaverick.co.za/article/2015-11-04-op-ed-feesmustfall-and-the-status-of-post-apartheid-south-africa/#.VjrfQNIrLIU
(Image source: Mail & Guardian)
(Image source: Nic Bothma Daily Maverick)
