New Act Regulations affirm right to education

NEWLY published regulations of the Basic Education Laws Amendment (BELA) Act have affirmed that undocumented children in the country have a right to education.

- THAMI MAGUBANE

Basic Education Minister, Siviwe Gwarube, published the regulations this week for public comment, which clarify key provisions of the South African Schools Act regarding school capacity and admissions.

Among the issues addressed is the admission of undocumented learners.

The regulation state: “The right to basic education extends to everyone within the boundaries of South Africa, regardless of their nationality and immigration status.

“Learners without valid documentation are equally entitled to admission to public schools as documented learners, provided that their parents submit, within the time frames contemplated in regulation 13, their admission applications in the ordinary course, together with all the required documents that are available to them or a sworn affidavit explaining why they are unable to provide such documents.”