School access dispute: march movement resists the basic education’s policy stance

The March and March Movement has firmly rejected any statements or policy directives from the Department of Basic Education that threaten to undermine the fundamental rights of South African citizens and legal residents to access educational opportunities promptly and equitably, especially given the limited resources available.

The movement which upholds the constitutional right to basic education, reiterated that this right must be considered alongside the realities of national sovereignty, economic limitations and the substantial strain already placed on SA’s struggling public school system.

This comes after the Department of Health issued a media statement on school admission documents.

The Basic Education clarified that, according to the law, no child should be refused access to education due to the absence of certain documents.

In accordance with the South African Schools Act (SASA), as amended by the BELA Act of 2024, all public schools are
mandated to admit students and offer education without any form of unjust discrimination.

They emphasised that Section 5(1) of the Act explicitly states that a public school must enrol and educate learners and meet their educational needs throughout their attendance, without unfairly discriminating against them.

Additionally, Section 5(1A) confirms that students must be allowed to attend school even if they have not yet submitted the required documentation.

The Anti-Illegal Immigrant group reaffirmed that prioritizing South African learners is non-negotiable, emphasizing that both South Africans and legal residents are already facing significant hardships.

They warned that these challenges would only intensify if the Department of Basic Education’s vague and ineffective admission policies are permitted to stand.

“The current crisis is undeniable: South African citizens and children of legal permanent residents are facing massive placement backlogs and overcrowded classrooms.

The DBE cannot, and must not, hide behind constitutional ambiguity while our own children are denied
their future.

The crisis is so severe that South African citizens are reporting appalling conditions where their children are effectively told to “sit on the floor” because legal, fee- paying citizens’ schools are unable to cope with the demand.

This shocking testimony from parents highlights the direct and painful consequence of the DBE’s ambiguous and weak admission policies.

Such policies actively allow undocumented learners to exacerbate an already collapsing infrastructure, compromising the dignity, safety, and quality of education for every child,” says March and March.

They further reaffirmed the fundamental principles that should guide our education system, emphasising that the verification of legal status is a non-negotiable requirement for school admissions.

“It is a grave administrative and civic failure for the Department of Basic Education (DBE) to neglect the strict enforcement of laws mandating valid South African Identity Documents (IDs) or Permanent Residency Permits.

“Allowing schools to admit learners without verifiable legal documentation not only encourages illegal immigration but
also undermines the integrity and sovereignty of our nation, said the movement, stating further that public education is funded by South African taxpayers and the DBE’s primary responsibility is to ensure that these limited resources benefit South African citizens and legal residents first and foremost.

“Prioritizing the needs of undocumented foreign nationals over South African children is a betrayal of the department’s core mandate and a disservice to the very citizens who fund the system,” the movement stressed.

According to March and March, compounding this issue is the undeniable strain on the system and that every undocumented learner admitted increases classroom overcrowding, worsens teacher-to-student ratios and depletes essential resources such as textbooks and infrastructure maintenance funds.

These consequences directly undermine the quality of education for all children and threaten the future of South African educational system.

It is imperative that the DBE recommits to these principles to protect the integrity, sustainability and fairness of education for every South African child.

The March and March Movement calls on the Department of Basic Education to promptly overhaul its admission policies making verifiable legal documentation (SA ID or Permanent Residency) a mandatory, non-negotiable requirement for placement and establishing a clear, time-bound protocol for reporting and liaising with the Department of Home Affairs regarding applicants who present fraudulent or expired.