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Children in Prison in South Africa - Community Law Centre

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The <strong>South</strong> <strong>Africa</strong>n Constitution enshr<strong>in</strong>es the right toeducation and the <strong>South</strong> <strong>Africa</strong>n Schools Act (1996)makes education compulsory up to the age of 15.School<strong>in</strong>g Provision"Everyone has the right... to a basic education".(SA CONSTITUTION, SECTION 29)• "Every juvenile of compulsory school age has theright to education suited to his or her needs andabilities and designed to prepare him or her for returnto society. Such education should be provided outsidethe detention facility <strong>in</strong> community schools whereverpossible and, <strong>in</strong> any case, by qualified teachers...Juveniles above compulsory school age who wish tocont<strong>in</strong>ue their education should be permitted andencouraged to do so, and every effort should bemade to provide them with access to appropriateeducational programmes. " (UN RULES, 3SFF & 39)However, the provision of education for children <strong>in</strong>prison is as uneven as many of the other servicesprovided. A very few prisons have complete schoolfacilities and cater for formal school education. Othersare beset by staff shortages, overcrowd<strong>in</strong>g and<strong>in</strong>adequate facilities and resources.At some of the prisons there are no facilities at all. AtStanger <strong>Prison</strong>, no education or tra<strong>in</strong><strong>in</strong>g is offered.There are no teachers, and there is no access to books.At Malmesbury, likewise, no education is provided. Atthis prison, nobody is tra<strong>in</strong>ed to work with juveniles,there is no social worker, and there are no programmesfor children at all. Pietermaritzburg <strong>Prison</strong> provides no ,educational programmes for the children.At some of the prisons, some provision is made. AtSt Albans <strong>in</strong> Port Elizabeth, researchers were told thateducation is free up to Standard Five. After this, thechildren have to pay 'subject money'. The authoritiesclaim that they assist children <strong>in</strong> gett<strong>in</strong>g fund<strong>in</strong>g whenit is needed. The Department of Correctional Servicesprovides them with the materials they need, and a

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