DocumentClosedcommittee question
Whether she has been informed of allegations that at certain schools, such Addington Primary School in Durban, learners whose parents are without legal residency papers are granted access to education; if not, what is the position in this r
Parliament of South AfricaRef: https://pmg.org.za/committee-question/35843/
Official source
Source domain: pmg.org.za
Collected on 17 June 2026
Always confirm details on the official source before acting.
What this means
The document is a question posed to the Minister of Basic Education regarding whether learners at Addington Primary in Durban who lack legal residency papers are granted access to education. The reply references constitutional rights to basic education and equality, cites relevant court rulings, and notes that the South African Schools Act requires schools to admit learners without unfair discrimination. It also notes the Basic Education Laws Amendment Act 2024 provisions that a learner must not be refused admission due to non-submission of certain documentation.
What this document offers
Read out of this document by Govermate's AI, in its own words. Each one quotes the line it came from — confirm on the official source before acting.
school admission access rightOngoing
Non-refusal of admission for learners who do not submit required documentation
Learners may not be refused admission to a public school because they have not submitted required documentation, and they must be allowed to attend school.
- Who it is for
- learners who do not have the full set of documentation ordinarily requested at admission, including children whose parents lack legal residency papers
- How to act on it
- Ensure the learner is not refused admission due to non-submission of required documentation and that the learner is allowed to attend school (admissions are managed lawfully, equitably and sustainably under DBE oversight and PED enrolment administration).
Show the line this came from
Section 5(1A) (as introduced by the Basic Education Laws Amendment Act, 2024) expressly provides that a learner may not be refused admission due to the non-submission of required documentation and must be allowed to attend school.
Facts
Places
eThekwini, KwaZulu-Natal
Reference
https://pmg.org.za/committee-question/35843/
Key Takeaways
- issue: admission of undocumented learners
- location: Addington Primary School, Durban
- subject: whether undocumented/illegal foreign nationals' children can enrol
- legal basis: Constitution sections 29(1)(a), 28(2), equality and dignity
- case reference: Centre for Child Law and Others v Minister of Basic Education and Others [2019] ZAECGHC 126
- legislation: South African Schools Act 1996, Section 5(1) and Section 5(1A) (as amended by BELAM Act 2024)
- declaration: learners may not be refused admission due to non-submission of required documentation
- department: Department of Basic Education
- date: 25 February 2026
- topic: admissions policy and resource implications
Dates
Opening Date
25 February 2026
Closing Date
25 February 2026