Law, Education, and Religion in South African Public Schools

The South African co-operative model between the state and public schools has proven successful and practicable despite the multireligious heterogeneity of most schools. The chapter examines the landmark decisions in Wittman, Christian Education South Africa and Randhart. Pursuant to the law in South Africa, religious observances may be practiced in public schools as long as attendance is free and voluntary, equitable, and in accordance with the school’s approved policy, national legislation, and the Constitution. The chapter discusses the legal principle of subsidiarity because it has important implications for religious policies of schools that should be based on tolerance and the accommodation of all religions.