Wednesday 22 May

On 18 and 19 September 2019, SECTION27 will be intervening as amicus curiae (friend of the court) in an application to ensure access to the constitutional right to basic education for undocumented learners living in South Africa. The case is brought by the Legal Resources Centre representing the Centre for Child Law and the school governing body of Phakamisa High School, challenging a decision by the Eastern Cape Department of Education to stop funding learners without identity documentation. In addition, certain provisions of the Admissions Policy for Public Ordinary Schools and the Immigration Act 13 of 2002 have been challenged as being unconstitutional for unlawfully denying undocumented learners access to schools.

SECTION27 will make submissions on South Africa’s obligations in international law to provide access to education for undocumented learners. SECTION27 will also highlight to the court comparative jurisprudence from other countries so as to assist the court in its deliberations in respect of access to education for undocumented learners. SECTION27 will further make submissions on the obligations of the national Department of Basic Education, Provincial Department of Education and Department of Home affairs to co-operate and co-ordinate with each other in furtherance of the promotion the Constitution including the protection of the rights of ALL learners to a basic education. Read our heads of argument here.

You can read a full description of the matter in the Legal Resources Centre’s statement here

For more details contact

Zukiswa Pikoli


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