When children return to school on Wednesday for the 2020 academic year, they will not be turned away, whether they are a South African citizen or from another country even if they do not have any documentation.
A judgement delivered on December 12 by the High Court in Grahamstown. The judgement stated that the Department of Basic Education's policy which excluded undocumented children, South African or not, was unconstitutional.
Judge Selby Mbenenge ruled on the application which was brought to the court on behalf of undocumented pupils in the Eastern Cape, the Centre for Child Law.
The judgement is significant for many children in education, an estimated 1 million children.
The Constitutional Court ruled that “basic education is an important socio-economic right directed, among others, at promoting and developing a child’s personality, talents and mental and physical abilities to his or her fullest potential”.
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