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Media Advisory: SAHRC Eastern Cape Provincial Office to conduct stakeholder engagement on the right to access education for undocumented learners

Attention: Editors and Reporters

27 June 2023

The right to basic education is an immediate right in the Republic of South Africa and therefore, there should be no barriers in accessing and enjoying this right. The 2019 Phakamisa High School case confirmed that clauses 15 and 21 of the Admission Policy for Ordinary Public Schools was invalid and unconstitutional. The Court further declared that the Eastern Cape Education Department Circular 6 of 2016 was invalid as it caused a barrier for learners to access school nutrition due to the lack of documentation.

The South African Human Rights Commission’s (“Commission”) in Eastern Cape has found during its monitoring activities that despite the declaration provided by the courts, that these unconstitutional practices appear to remain commonplace in schools within the province. Consequently, learners who are not documented are therefore faced with barriers where they are not included in the South African Administration & Management System (SASAMS), which may lead to decreased budget allocation vis-a-vis the number of enrolled learners at schools.

In view thereof, the Commission will be engaging with various stakeholders to ventilate possible areas of cooperation and assistance in order to address the continuous practical concerns in this regard.

The stakeholder engagement is scheduled to take place as follows:

Date:   28th of June 2023

Time:   09:00 – 12:00

Venue: Mayfair Hotel, Mthatha

Government as well as non-governmental and academia stakeholders will be joining this engagement, and the session will be opened by Commission Andre Gaum, area focus Commissioner for basic education and closing remarks will be given by Commissioner Angie Makwetla, area focus commissioner for children.

Ends

For further information, contact the SAHRC Provincial Manager, Dr Eileen Carter @ 043 722 7828/072 638 9016 or email on This email address is being protected from spambots. You need JavaScript enabled to view it. and Advocacy and Research Officer, Zukiswa N Mqakanya @ 043 722 7828 or email on This email address is being protected from spambots. You need JavaScript enabled to view it.

 

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The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

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