A legal fight is underway, spearheaded by the Centre for Child Law, which seeks to secure the right of undocumented learners to access to basic education.
The centre has applied to the High Court for an order that no learner may be excluded from a public school on the basis that he or she does not have the required documents.
The Department of Education system requires that the ID numbers, passport numbers or permit numbers of learners are put into the system in order for them to receive an education.
— Alexandra Klonarides, Attorney - The Centre for Child Law
Learners who are unable to provide that information are accepted into a school provisionally and given three months to obtain the necessary documents.
If not, you are removed from the school...and that is happening.
— Alexandra Klonarides, Attorney - The Centre for Child Law
Klonarides says being undocumented doesn't only affect foreign children, it also affects South African children.
There's a lot of barriers to South African children receiving their documentation.
— Alexandra Klonarides, Attorney - The Centre for Child Law
Section 29 of the South African Constitution states that everyone has the right to a basic education.
On Tuesday The South African Human Rights Commission was admitted as a friend of the court in this ground breaking case.
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