A storm has erupted in South Africa over a new policy announced by the Department of Basic Education, which permits children of undocumented foreign nationals to enrol at schools without any form of identification. The directive, which came into effect for the 2025 academic year, has sparked widespread criticism and outrage amongst South Africans.
The policy states that all learners, regardless of their documentation status, must be admitted to schools, including those who wish to register for matric examinations. This move has been met with fierce opposition, with many questioning the rationale behind exempting undocumented foreign national students from providing identification before registering at schools.
On social media, South Africans have been venting their frustration, with some describing the policy as “a travesty” and “a slap in the face” for parents who struggle to access education for their children. Others have expressed concerns that this policy will lead to an influx of undocumented immigrants, exacerbating social issues in the country.
The Basic Education Laws Amendment (Bela) Act reinforces the stance that any learner whose parent or guardian has not provided the necessary documents must still be allowed to attend school. Human rights lawyers have urged the Department of Basic Education to issue a directive instructing all schools to refrain from discriminating against foreign and undocumented children.
In a statement, the lawyers argued that the Constitution protects the right to education, equality, and dignity of all people in South Africa, regardless of their documentation status. They have also requested the Department of Home Affairs to issue a directive clarifying the correct legal principles and to amend laws to eliminate unconstitutional exclusions from birth registrations.
The issue of undocumented children being denied admission to schools has been ongoing, with reports of schools threatening to involve the police. The Department of Basic Education has been engaging with the Department of Home Affairs, Centre for Child Law, and the South African Human Rights Commission to address the matter.
As the debate rages on, it remains to be seen how the government will respond to the outcry and whether the policy will be revised or scrapped altogether. One thing is certain, however – the issue of undocumented children accessing education in South Africa is a complex and contentious one, and a solution will require careful consideration and consultation with all stakeholders.
