Right to education enshrined in Constitution: SAHRC

The SA Human Rights Commission has sent a reminder to all schools and parents in the country that basic education is a right enshrined in the Constitution.

In an official statement released on Tuesday‚ the commission said schools had to be reminded that the right to a basic education was contained in section 29 of the Constitution‚ was compulsory‚ universal and immediately realisable. This meant it was guaranteed to all persons‚ regardless of nationality‚ status‚ or documentation.

“Both the South African Schools Act (Act No. 84 of 1996) and the National Admission Policy for Ordinary Schools require schools to admit learners without unfair discrimination and further require the provisional enrolment of undocumented learners‚ whilst obliging schools to provide assistance in obtaining documentation‚” the SAHRC said.

The commission said it had had to frequently intervene in the past in instances where children were either refused admission‚ or expelled from school as a result of the lack of documentation.

“This included a recent and unlawful incident in a case in early 2017 when a school issued letters containing misinformation to parents of learners claiming that the South African Police Service (SAPS) would arrest undocumented learners found at the school. The SAHRC hopes that similar incidents do not occur during the admissions process in 2018.

“However‚ in the event that a learner is denied admission because of lack of documentation‚ such learner or his or her parents or guardian should immediately approach the Provincial Education Department or the SAHRC for assistance‚” the commission said.

- TimesLIVE