lodge complaint button
commissioners button
programmes button
provinces button
publications button
calendar button
fraud hotline button

Media Statement: SAHRC’s Application to Join Undocumented Learners Litigation to be Heard in Grahamstown High Court

Attention: Editors and Reporters

1 July 2019

An application will be heard in the Grahamstown High Court for the admission of the South African Human Rights Commission (SAHRC) as an amicus curiae in the matter of Centre for Child Law and 25 others v Minister of Basic Education and 4 others, tomorrow, on the 2nd July 2019. This ground-breaking case concerns the ability of undocumented learners to access to their right to a basic education.

The lack of documentation affects South African, stateless, refugee, the children of asylum seekers and migrant children; who remain some of the most vulnerable in society, being exposed to greater risks of human trafficking and exploitation. Frequently, persons without documentation face extreme barriers in accessing basic services and fundamental rights.

Currently, in order for learners to access their right to a basic education, the legal framework requires certain documentation to be submitted to schools. The reality, however, is that this documentation is not always easily attainable due to existing legal gaps and practical barriers. The right to a basic education – as a key empowerment right and a critical tool for the eradication of poverty – is guaranteed to all persons, regardless of documented or legal status.

The SAHRC has been actively involved in this issue over the past few years, highlighting the fact that the lack of documentation should not be a barrier to access the right to a basic education. The Commission thus hopes to bring guidance to the Court around the correct interpretation of the relevant laws and obligations of the State in this matter.

Members of the media are free to attend the proceedings. The Matter will be heard at the Grahamstown High Court at 9:30 or as soon as Counsel in the matter can be heard.

Ends

Issued by the South African Human Rights Commission

Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.

 

About us

Understanding PAIA

The Human Rights Commission is the national institution established to support constitutional democracy. It is committed to promote respect for, observance of and protection of human rights for everyone without fear or favour.

27 Stiemens Street, Braamfontein

011 877 3600 (Switchboard)