CELP International Conference 2012 – ‘Interpreting the South African Constitution in educational contexts’

Posted on August 16, 2012

The purpose of this Conference was to explore the meaning of the South African Constitution in educational contexts – in other words, how should the various provisions of the South African Bill of Rights be interpreted when applied to education, and what the rights of teachers, learners, administrators and parents are.

Further issues on the agenda included how the courts should balance competing claims of individual rights in the context of text of the South African Constitution, which is certainly relevant for such a discussion, but also in the context of international treaties and decisions from other countries interpreting similar provisions that are particularly relevant. In this regard, the Constitution itself mandates that the Constitutional Court must consider international law and may consider foreign law.

The speakers at the conference included experts on Constitutional Law from South Africa and the United States, among them Dr Leon Wessels, Prof Johan van der Vyver (NRF A-rated researcher attached to both the UP Law Faculty and the University of Emory in Atlanta), the Dean of the Faculty of Law at North-West University, Prof Trynie Boezaart (HOD Private Law at UP and Chairperson of the Board of CELP), Prof Ann Skelton (Director of Child Law Centre at UP, as well as various experts on constitutional law, lawyers and also academics from the fields of education and education law.

All those present at the conference agree that this year’s CELP conference was one of the best yet, and thanked CELP director Prof Rika Joubert for her input into the arrangements and for her contribution to the success of the event.

Below is a summary of the titles of the various papers presented at the conference.

Speaker / Activity		Theme
Dr Leon Wessels	Constitutional values: the launching pad for human rights interpretation and a value driven society
Prof Craig Wood	Desegregation of American higher education: evidence from Knights and Sims v State of Alabama
Prof David Alexander and Dr Jean Van Rooyen	The Rose case - lessons for South Africa
Mr Paul Colditz	The right to basic education and the principle ubi ius ibi remediam
Prof Johan Beckmann	Access to, and the provision of early childhood education and development: Trajectory since 1994
Ms Suzaan van der Merwe	How “basic” is basic education as enshrined in section 29 of the Constitution of South Africa
Prof Philip Daniel	An analysis of the right to education in South Africa and the United States
Ms Rolien Roos	The diversion and conversion of proceedings against school-going offenders
Prof George Devenish	Judicial review and the right to education in South Africa
Prof Johan van der Vyver	Constitutional protection of the right to education
Dr Scott R. Bauries	Education rights and duties in the USA and SA
Prof JP Rossouw	Weighing the constitutional rights of children and educators: do the latter come off second best?
Gala Dinner speaker - Prof William Thro	The constitutional moment: Interpreting the South African Constitution in Educational Contexts
Prof Trynie Boezaart	A constitutional perspective on the rights of children with disabilities in an educational context
Adv Lilla Crouse	Constitutional rights of learners and educators in institutions dealing with children in conflict with the law and or children in need of care – a case discussion
Prof Stuart Woolman and Prof Brahm Fleisch	When Good Schools Go Bad: Understanding the Choice of First Additional Language Policies by Public Schools in terms of the Constitutional Court’s Decision in Ermelo and the National Government’s 2012 Curriculum and Assessment Policy Statement
Prof Ann Skelton	How far will the courts go to ensure the constitutional right to an adequate basic education for South Africa’s children?
Prof Rika Joubert	Constitutional law and the control of government power in the educational context
Dr Jaco Deacon	The balancing act between the constitutional right to strike and the constitutional right to education
Prof Francois Venter	Religion in the classroom: Comparative observations
Prof Susan Coetzee	A constitutional discourse on pregnant learners’ sexual rights
Adv Justus Prinsloo	The view of the parent of what is best for his child. Does the constitution allow him / her to exercise his / her right of choice on behalf of the child
Prof William Thro	Conference Overview and Closure

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CELP International Conference 2012 – ‘Interpreting the South African Constitution in educational contexts’