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. Despite these legal and constitutional protections, the Commission, together with other stakeholders, continue to receive multiple reports of threats and intimidation, refusal to enrol learners in schools, or the subsequent exclusion from schools as a result of the lack of documentation.

A stark example of this occurred in February 2017, when the Commission was altered to a letter from Eastleigh Primary School in Johannesburg, claiming to be written under the instruction of the Department of Home Affairs, stating: “All learner’s documents need to be up to date. If any foreign learner arrives here on Monday we will phone the police to come and collect your child and you can collect your child at the police station.” Upon receipt of a complaint related to the letter, the Commission urgently contacted the Gauteng Department of Education, which informed the Commission that the Department was aware of the letter. The Commission requested that the Department urgently issue a directive to Eastleigh Primary School to withdraw the letter. The Department reacted swiftly, ensuring parents received the correct information in a notice on the school’s app. More importantly, the Department took steps to ensure that the affected children could return to school.

Despite the provisions in the law providing for access to schools for learners without documentation, there is a misalignment in the interpretation and application of the provisions, leading to discretionary practices and ongoing rights violations. The purpose of the Paper is therefore to provide greater legal clarity, and to identify areas in need of legal and policy reform. The Colloquium will serve as a platform for engagement with relevant stakeholders to share lived experience and present on their views, and will ultimately lead to the Commission developing a set of recommendations and directives aimed at promoting and protecting fundamental rights.

A Press Briefing will be held at 13:00 PM to 13:45 PM on Monday the 26th March 2018.

The press briefing will be hosted as follows:

Venue: Braampark Forum 3, 33 Hoofd Street, Braamfontein
Date:  26th March 2018
Time: 13:00