Abstract

KAVURO, Callixte. Impediments to the democratic participation of foreign nationals in public-school governance. Law democr. Dev. [online]. 2024, vol.28, pp.21-50. ISSN 2077-4907.  http://dx.doi.org/10.17159/2077-4907/2024/ldd.v28.2.

In their efforts to promote the constitutional values of equality, human dignity and freedom, public-school laws and policies emphasise non-discrimination in the admission of learners and democracy in the professional management and governance of public schools. The democratisation of post-apartheid public schools must comply with democratic participation and representativity. Whereas democratic participation can be realised through the exercise of active voting rights, democratic representativity can be achieved through the exercise of passive voting rights. Accordingly, this article explores notions of democracy, non-discrimination, and representativity so as to examine and highlight factors that may restrict or inhibit the participation of foreign nationals in school governing body elections. The active and passive voting rights of foreign nationals are discussed from constitutional and statutory perspectives.

Keywords : foreign nationals; representativity; democracy; voting rights; school governing bodies.

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