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Recent legal developments: Reconceptualising undocumented children's access to basic education in South Africa
Bridget J Machaka
Abstract
The Constitution of the Republic of South Africa, 1996, guarantees the right to basic education to all children. The implementation of this right has been fraught with challenges, however, particularly for undocumented children. The aim of this article is to examine recent legal developments that have reshaped access to basic education for undocumented children in South Africa. Key legislative measures, such as amendments to the Admission Policy for Ordinary Public Schools, 1998 and provisions of the Basic Education Laws Amendment Act 32 of 2024, are analysed. These developments are considered against the backdrop of a recent judicial decision in Centre for Child Law v Minister of Basic Education 2020 1 All SA 711 (ECG) and advocacy efforts. This analysis highlights both progress and setbacks in ensuring equal access to basic education. The article further explores the implications of the delayed implementation of certain legal provisions and the ongoing need for comprehensive policy reform. While commending the steps taken so far, the article reconceptualises access to basic education in light of these changes and emphasises the urgency of addressing the legal and administrative barriers continually faced by undocumented children in South Africa.
