This amounts to a direct threat to the constitutional right of every child to basic education, which, under section 29 of the Constitution and jurisprudence, is immediately realisable and not subject to the availability of resources. Failure to admit learners disrupts continuity in teaching and learning. The Commission has received numerous complaints regarding the placement of learners in the country, particularly in Gauteng. Unplaced learners are children who should be accessing schools, including Learners with Special Education Needs Schools and centres, but who have not yet been allocated a placement.
The Commission, established in terms of Section 181(1) of the Constitution of the Republic of South Africa, 1996, is mandated to protect and assess the observance of human rights in South Africa. Under the South African Human Rights Commission Act, 40 of 2013 (SAHRC Act), the Commission is empowered to investigate allegations of human rights violations, mediate or conciliate where appropriate, and litigate when necessary.
The Commission is deeply concerned about the persistent delays in placements of learners and will engage the Department of Education in Gauteng to ensure that the delays are resolved and the department implements better communication protocols on steps taken to place learners on time. The Commission also calls on members of the public and civil society organisations to submit information that will help understand the true extent of the problem and support efforts to ensure that all learners are placed in schools.
Information Requested:
- Name of parent/guardian
- Contact details (including an alternative number)
- Residential address
- Applicable District Office
- Date of application and schools applied to
- Response received from the department
Submission Channels:
- Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
- Contact the relevant provincial office here.
The public is requested to submit this information by 6 March 2025. The Commission will release an update statement on its efforts to resolve these issues during the first quarter of the calendar year.
All personal information will be protected in line with applicable privacy legislation, and each submission will be carefully assessed to determine appropriate intervention by the Commission.
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ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION