Undocumented learners may not be denied admission to schools
As schools are about to open in a few days, the South African Human Rights Commission (SAHRC or Commission) wishes to gently remind all schools that the right to a basic education, as contained in section 29 of the Constitution, is compulsory, universal and immediately realisable – meaning that it is guaranteed to all persons, regardless of nationality, status, or documentation.
Both the South African Schools Act (Act No. 84 of 1996) and the National Admission Policy for Ordinary Schools require schools to admit learners without unfair discrimination and further require the provisional enrolment of undocumented learners, whilst obliging schools to provide assistance in obtaining documentation.
Despite these provisions, the Commission, together with a number of other civil society organisations, have frequently had to intervene in the past, in instances where learners were either refused admission, or expelled from school as a result of the lack of documentation. This included a recent and unlawful incident in a case in early 2017 when a school issued letters containing misinformation to parents of learners claiming that the South African Police Service (SAPS) would arrest undocumented learners found at the school. The SAHRC hopes that similar incidents do not occur during the admissions process in 2018.
However, in the event that a learner is denied admission because of lack of documentation, such learner or his or her parents or guardian should immediately approach the Provincial Education Department or the SAHRC for assistance.
For more information, please contact:
Gail Smith
Cell: 060 988 3792
E-mail: gsmith@sahrc.org.za
Gushwell Brooks
Cell: 082 645 8573
E-mail: gbrooks@sahrc.org.za
