There has been an ongoing debate about allowing undocumented learners into schools. Picture: Timothy Bernard / Independent Newspapers.
The question of whether undocumented learners should be accepted into South African schools has become a topic of heated debate, with various political, social, and legal concerns arising as a result.
Andre De Bruyn, national chairperson of the Educators Union of South Africa (EUSA), has raised several critical points regarding the implications of this policy.
While the country upholds education as a universal right, De Bruyn argued that enrolling undocumented children—whose parents are also undocumented presents a number of challenges that should not be overlooked and said immigration laws should be respected.
"By accepting undocumented children into schools, South Africa may be inadvertently signalling leniency towards illegal immigration, potentially encouraging further undocumented migration," said De Bruyn.
He expressed concerns that this approach could be seen as a failure to protect the country’s borders, undermining national pride and responsibility.
“Whoever made this decision is unpatriotic and complicit in crime,” he stated, calling for those responsible for such decisions to be held accountable.
De Bruyn highlighted recent cuts to teaching posts, specifically noting the reduction of 2,407 positions in the Western Cape, making the notion of accommodating undocumented learners even more unfeasible. He argued,
“Priority should be given to South African citizens and legally documented residents, especially when the education system is already struggling to provide adequate resources.
“Many South African citizens may feel that their own needs are being overlooked in favour of undocumented migrants, potentially fostering resentment and exacerbating xenophobic sentiments,” said De Bruyn.
De Bruyn emphasized that allowing undocumented children to access education without addressing their legal status could set a dangerous precedent, further eroding the country’s rule of law.
“By enrolling undocumented children, schools may unintentionally undermine immigration regulations,” he added.
The Western Cape Education Department (WCED) has weighed in on the matter, noting that the pressure to accommodate new learners comes largely from other provinces.
In 2024, 10,840 new entrants from the Eastern Cape and 1,310 from other countries were recorded.
Bronagh Hammond, WCED spokesperson, clarified that it is unclear how many of these students lack documentation or were previously undocumented when entering the schooling system.
“We have always been open to assisting learners who struggle to obtain the necessary documentation, including affidavits or proof of application to Home Affairs,” Hammond said.
She reiterated that under Section 29 of the South African Constitution, all children, regardless of their status, have the right to basic education.
“The right to a basic education is enshrined in Section 29 of the South African Constitution, which extends to undocumented and foreign children,” she added.
As such, the WCED has implemented policies allowing parents to provide affidavits or proof of application to Home Affairs when applying for schools.
The debate has also drawn the attention of the anti-immigration movement, Operation Dudula, which argues that while education should be accessible to all children, the government must prioritize South African children in the face of overcrowded schools and limited resources.
“We stand for the right to education for all children, but we must prioritize South African children in our schools,” said the movement.
They expressed concern that children of illegal immigrants are being given priority in schools, even as South African children may be forced to wait for placements, sometimes until March.
Operation Dudula criticized the policy of enrolling undocumented children, questioning whether it encourages unlawful behaviour.
“The government’s approach to enrolling the children of illegal immigrants raises important questions. Are we inadvertently endorsing unlawful behaviour by allowing these children access to our educational systems while South African children struggle to secure their own places?,” they asked.
tracy-lynn.ruiters@inl.co.za
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