In a significant move to ensure equal access to education, the South African Department of Basic Education has issued a new circular reinforcing the rights of undocumented learners to attend schools and write national examinations. This directive, dated December 5, 2024, aims to address ongoing issues where students have been denied admission or prevented from writing their National Senior Certificate examinations due to a lack of documentation.
Key Points of the Circular
- Admission Rights: The circular explicitly states that undocumented learners cannot be denied admission to schools because they lack official documents such as birth certificates or identity documents.
- Examination Access: It emphasizes that undocumented learners must be allowed to register for and write the National Senior Certificate examinations.
- Document Requirements: The circular outlines various scenarios and the corresponding document requirements for different categories of learners, including South African citizens, foreign nationals, refugees, and asylum seekers.
- Legal Backing: The directive cites a 2019 court case (Centre for Child Law and Others v Minister of Basic Education and Others), which affirmed that a lack of documents should not impede a learner’s right to basic education.
- Umalusi Certification: The circular confirms that an identity document is not compulsory for issuing a National Senior Certificate, as stated by Umalusi, the Council for Quality Assurance in General and Further Education and Training.
Implications for Education Officials
Education officials at all levels – provincial, district, and school – are directed to:
- Refrain from actions that could result in undocumented learners being denied admission to schools.
- Ensure that undocumented learners are not prevented from writing their National Senior Certificate examinations.
- Accept alternative proof of identity, such as affidavits or sworn statements, when official birth certificates are not available.
Background
The Department of Basic Education reports receiving complaints from Civil Society Organizations about learners being denied admission or examination access due to lack of documentation. This circular aims to address these issues and ensure compliance with constitutional rights to education.
Conclusion
This directive represents a significant step towards inclusive education in South Africa, aligning with constitutional mandates and international human rights standards. It underscores the government’s commitment to ensuring that all children, regardless of their documentation status, have access to basic education and the opportunity to complete their schooling.
Education experts and human rights advocates have welcomed this move, seeing it as a crucial step in breaking down barriers to education and promoting equal opportunities for all children in South Africa.
