South Africa: Right to education in the dock

Published: 25/Sep/2019
Source: Grocotts Mail (Grahamstown)


Judgment is reserved in a groundbreaking case heard in the High Court in Makhanda (Grahamstown) on 18 September that highlighted the disastrous plight of children who don’t have official documentation.

The application was brought by the Centre for Child Law, the governing body of Phakamisa High School and 37 children, with the departments of Education and Home Affairs as respondents. NGO Section27 and the South African Human Rights Commission intervened as amici curiae.

The application was heard before a full bench – Judge President Selby Mbenenge, Judge Irma Schoeman and Acting Judge SM Mfenyana.

The Department of Education agreed upon a draft order with the Centre for Child Law and the school governing body of Phakamisa on the matter of funding for undocumented school children. Advocate Sarah Sephton for the Centre for Child Law proposed the order on Wednesday morning which would see the government continue to subsidise undocumented school children in the new academic year.

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Themes: Birth Registration
Regions: South Africa
Year: 2019