Minister Gwarube: Schools must admit undocumented learners, law is clear
The Department of Basic Education (DBE) has expressed serious concern over the circulation of misleading social media posts that falsely claim learners without official documents cannot be admitted to public schools.
“This misinformation seeks to instigate negative attitudes against undocumented learners, including many South African children who may not yet have received their official documents,” said Minister Siviwe Gwarube.
She emphasized that under South African law, no child may be denied access to education due to missing documentation.
Gwarube added that in terms of the South African Schools Act (SASA), as amended by the Basic Education Laws Amendment (BELA) Act of 2024, all public schools are required to admit learners without discrimination.
Section 5(1) of the Act states: “A public school must admit, and provide education to, learners and must serve their educational requirements for the duration of their school attendance without unfairly discriminating in any way.”
Section 5(1A) further makes it clear that learners may attend school even if their required documents have not yet been submitted.
“Principals and schools cannot turn away learners because they do not yet have official documents such as birth certificates or identity cards,”Gwarube added. “Schools must advise parents and guardians to secure the necessary documentation while the child continues learning.”
She also stressed the administrative purpose of admission documents. “The purpose of requesting admission documents is purely administrative, to verify identity and guardianship not to determine eligibility for education.”
The department has clarified the documentation requirements for different categories of learners:
Undocumented learners: All learners must be admitted even without documents. Principals are required to assist parents in regularising the learner’s documentation to ensure no child is denied access to education.
Learners whose parents are foreign nationals: Admission requires the learner’s foreign birth certificate and passport, a valid study visa or residence permit, and the parents’ passports and visas or permits. These ensure the learner’s identity and lawful residence.
Learners whose parents are refugees or asylum seekers: Schools should obtain the parent and learner’s asylum seeker or refugee visas, the learner’s birth certificate (if born in South Africa), and a long-term visa to be submitted within three years. This verifies the learner’s legal protection status.
Learners in alternative care: A court order granting guardianship or custody and the learner’s unabridged birth certificate are required. These documents confirm the lawful care arrangement.
Learners with South African parents: Schools require an unabridged birth certificate, the parent(s)’ South African ID or ID card, and, if applicable, death certificates of deceased parents. These documents confirm the learner’s identity and parentage.
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