MAVERICK CITIZEN: EDUCATION : A victory for vulnerable children as court grants undocumented learners access to schooling

A three-year legal battle has ended in victory for some of South Africa’s most vulnerable, as judgment handed down in the Makhanda High Court on 12 December ruled that children, regardless of documentation or immigration status, have the right to free basic education.

Similarly, a circular published earlier this year by the DBE, which stipulated that learners were granted “conditional” acceptance for a 12-month period providing they submit proper documentation, was set aside. A circular from 2016 that prohibited the funding of undocumented learners at schools, was also set aside.

Anjuli Maistry, senior attorney at the CCL said they welcomed the ground-breaking judgment. “Education is a fundamental right without which it is impossible to better one’s life or to improve one’s position in the society of which they are a part,” she said.

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