Debate ignites over rights of undocumented foreign learners

GOVERNMENT departments have been encouraged to challenge court judgments which currently mandate the provision of services, such as basic education, to undocumented foreign learners, arguing that the government has the right to state it no longer has the resources to comply.

- THOBEKA NGEMA

This was expressed by stakeholders when KwaZulu-Natal Premier Thamsanqa Ntuli led a high-level, multisectoral stakeholder engagement to address tensions and strengthen social cohesion amid the influx of undocumented foreign nationals.

KZN Department of Education HOD Nkosinathi Ngcobo said the department operates strictly within the constitutional and legislative framework applicable across South Africa.

He said the Constitution's Section 29(1)(A) guarantees the immediate right to a basic education for everyone, regardless of immigration status.

While the South African Schools Act, Section 5(1A), typically requires foreign learners to have documents (birth certificate, passport, visa, or permit), it critically mandates admission even without them.