Unpacking progressive realisation and its application to the right to higher education in South Africa

Résumé

The relevance of the constitutional principle of progressive realisation in the context of access to higher education by disadvantaged groups in South Africa cannot be overemphasised, and this has prompted the question of how extensively the South African government has taken deliberate steps to expand such access. Access to higher education is one of the key drivers of social mobility and economic equality. Using a two-fold approach – a doctrinal analysis and assessing government’s initiatives and budgetary allocations – this study interrogated whether South Africa’s legislative and policy frameworks have converted the constitutional obligations into tangible outcomes for access to higher education. The analysis and assessment incorporates a review of case law, technical reports and international conventions to evaluate compliance with the principle of progressive realisation as enshrined in section 29(1)(b) of the South African Constitution. With a focus on disadvantaged groups, the study emphasises systemic barriers and assesses whether efforts align with constitutional obligations. A key finding is a persistent disconnect between policy and implementation, with a lacuna in data, funding sustainability and support for students from disadvantaged groups. The findings further contribute to ongoing debates on socioeconomic rights and inform policy recommendations focused on improved data collection, inclusive and sustainable funding models, and strengthened accountability mechanisms to enhance access to higher education in South Africa.

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