Both international and South African law does not define education as an essential service. This is confirmed in the published list of essential services in South Africa by the Essential Service Committee (ESC), as established in the Labour Relations Act (LRA).
The Department of Basic Education has the view to support the declaration of a minimum service level agreement for school staff by the Essential Service Committee (ESC) when children are left unsupervised during school hours, but can only do so with the support of the teacher trade unions in the Education Labour Relations Council (ELRC) and with a directive from the ESC, since the jurisdiction to do so lies with the ESC as determined in the LRA.