“I am using another curriculum at the moment and we are registered with the Department of Education.
If I go over to your curriculum, how do I have to go about that?
Do I have to let them know about the change, or can I just carry on?
I feel that the amount of work they have to do to stay on track is too much for them and they will benefit so much more from Footprints, because it is this kind of things that interest them the most.” ~ Melanie Brown, Middelburg, Mpumalanga
Answer to Homeschool Curriculum Approval
International law, the SA Constitution and the SA Schools Act allow for the registration of children for homeschooling, but homeschool legal experts say this registration is not compulsory.
In many places, the officials administering homeschool registrations are not familiar with the nature of homeschooling or the law on home education, and as a result they often insist that parents meet unlawful requirements.
The Consitition is supreme law in South Africa and art. 29(1) states that everybody in South Africa, including children has the right to basic education. This means that each one has the right to decide whether they want basic education, where they want to receive this education and what the content of this education should be.
Because children need parental care, art. 28 (1) (b) of the constitution provides that parents must make these decisions about what is in the children’s best interests.
Government officials often require that parents must submit the curriculum that they plan to follow for their approval. However, this is an unlawful requirement as it can not be derived from any legislation. On 25 March 2011, Judge Cynthia Pretorius confirmed in the Pretoria High Court that the state curriculum is not binding on independent schools and parents who educate their children at home. (We can concluded then that neither is any other curriculum!)
Despite the fact that the South African constitution, international law and court judgements all confirm that only parents have the authority to decide the type and content of the education for their children, some officials still act as if choices about homeschooling are theirs rather than the right of parents.
While we believe it is well within your rights to choose the curriculum that you would like to use with your children, it would be wise to avoid any unnecessary conflict with the officials and we would therefore strongly advise you to seek legal advice from the Pestalozzi Trust for your unique situation, before you have any further contact with officials from the Department of Education.
Tel 012-3301337
Back to Homeschool Questions and Answers