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Media Advisory: Call for submissions in respect of the Commission’s Investigative Inquiry into Unplaced Learners in Gauteng

Attention: Editors and Reporters

11 March 2024

The South African Human Rights Commission Gauteng Provincial Office (Commission) confirms that it has received several complaints relating to unplaced learners in Gauteng. Unplaced learners are learners who should be accessing schools including LSEN schools and centres but have not been allocated a school to date.

The Commission is a state institution established to support constitutional democracy in terms of Section 181(1) of the Constitution of the Republic of South Africa, 1996. It is mandated to protect and assess the observance of human rights in South Africa. The Commission is obliged and empowered by the South African Human Rights Commission Act, 40 of 2013 (SAHRC Act) to, inter alia, investigate allegations of human rights violations, mediate, or conciliate where appropriate, and litigate if required.

In line with its Constitutional mandate to protect and promote the realization of human rights in the country, the Commission has continued to monitor the admissions programme and has noted large numbers of unplaced learners in various districts within Gauteng Province. The Commission intends to support efforts to ensure that all learners in Gauteng Province are placed in school, despite considerable challenges, to ensure that continued teaching and learning takes place and that the right to a basic education is upheld. Considering these developments, the Commission has launched an investigation to examine the following issues:

  • Investigate the alleged contravention of children’s rights to basic education by the Gauteng Government.
  • Investigate the reasons for the persistent challenge of unplaced learners and insufficient school places for learners in Gauteng.
  • Investigate whether the Gauteng Government and the MEC of Education have failed in their obligation to ensure that there are enough places in schools for learners in the province.
  • Examine the Online Admission System and the further support mechanisms of the GDE to determine whether they are sufficient to ensure that all applications received during the application period for admission of learners to schools are dealt with adequately and/or whether the Online Admission System and support mechanisms take into account all the relevant factors to ensure the appropriate placement of learners including persons migrating into the province.
  • Conduct an overview to determine whether all schools are utilizing their full capacities as per the acceptable class sizes and teacher-to-learner ratios.
  • Scrutinize the number of schools that have been closed down since 2019 vis-à-vis new schools that have been built.
  • The GDE’s obligation to find places for the unplaced learners as a matter of urgency while not burdening already crowded classrooms.

To investigate these issues at a systemic level, the Gauteng Provincial Office will embark on an investigative inquiry in 2024. As part of the inquiry, the Commission calls for submissions from members of the public to determine the true extent of the problem. You are invited to submit the information below t to the Commission:

  • Name of parents/guardians:
  • Contact details of parents/guardians as well as an alternative number:
  • Residential address:
  • Applicable GDBE District office:
  • Date of application and schools applied to:
  • Response received from GDBE:

via the following means:

Via email at This email address is being protected from spambots. You need JavaScript enabled to view it.

Or

Via Whatsapp at 082 059 6520

Or

Hand delivery at the Gauteng Provincial Office – JD House, First Floor, 27 Stiemens Street, Braamfontein, Johannesburg.

We call on the public to provide the requested information as a matter of urgency by 22 March 2024.

Please further note that privacy rights and personal information will be protected in terms of the applicable legislation. Each submission will be assessed.

END

For further information or enquiries, please contact SAHRC Gauteng Provincial Manager, Zamantungwa Mbeki (This email address is being protected from spambots. You need JavaScript enabled to view it. ) or Kelly-Anne Cleophas (This email address is being protected from spambots. You need JavaScript enabled to view it. ; 011 877 3763 )

 

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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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