The 2026 monitoring project which takes place annually emanates from complaints lodged with the Commission regarding challenges with access to basic education as enshrined in section 29 of the Constitution of the Republic of South Africa, 1996. The Commission’s SAHRC 2025 School Readiness Monitoring Report revealed that South Africa still maintains a highly unequal basic education system, where the right to education is significantly influenced by geographical location, socio-economic status, and decaying infrastructure.
In view of these systemic findings, the Commission urged the Department of Basic Education (DBE) to, amongst others, institute immediate structural interventions, develop systems to address the appropriate placement of learners at the beginning of the school calendar and the associated backlogs, filling critical vacant posts, address safety and security in schools, ensure the total eradication of pit toilets, ensure continuous repairs and maintenance of school infrastructure, and implement an improved approach to address challenges affecting undocumented learners. The Commission will monitor implementation of the findings contained in its above-mentioned 2025 report.
The Commission has also noted with concern reports of threats by vigilante groups to disrupt proper functioning of schools. The Commission wishes to remind all that in Kopanang Africa against Xenophobia & 3 Others V Operation Dudula & 12 Others, the High Court recently declared that section 41 of the Immigration Act authorises warrantless searches only in public places, not in private homes, workplaces, or schools.
Therefore, the Commission has written to the Provincial Commissioners of the South African Police Service to ensure that, they are visible through law enforcement and public order policing to prevent intimidation and disruptions at schools or in the vicinity of school premises. Children as young as seven-years will be attending school for the first time, and they, including all learners, should not be subjected to incidents of fear and intimidation.
The Basic Education Laws Amendment Act 32 of 2024 (BELA Act) mandates that children must be allowed to attend school even without identity documents, as the right to basic education applies to everyone in the country, regardless of nationality or immigration status, reinforcing court rulings. As such, schools cannot refuse admission due to missing documents. Parents are expected to provide any available documents or an affidavit explaining the absence of any, and the school must then report the situation to the Department of Basic Education (DBE) to help parents obtain the necessary paperwork.
The Commission takes this opportunity to congratulate the matric class of 2025 on a historic 88% pass rate and wishes them well in their future educational and career journeys. We extend our commendation to parents, guardians, teachers and principals and the Department of Education officials for their sacrifices and dedication in making this milestone possible. To those learners who were not successful, don’t be discouraged as you still have the opportunity to explore other alternatives and learn valuable lessons from this experience.
ENDS
ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION