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 organizations, 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.

Ends

Issued by the South African Human Rights Commission

For more information, please contact: 

Gail Smith - SAHRC Spokesperson. Cell: 060 988 3792 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Gushwell Brooks - Communications Co-ordinator.  Cell: 082 645 8573 or This email address is being protected from spambots. You need JavaScript enabled to view it.