Outrage over undocumented enrolled children in schools

The inclusion of undocumented children in local schools has sparked fresh backlash with some warning of its impact on a strained education system.

According to a response to a parliamentary committee question, in 2020 there were over 177 677 foreign nationals who could not be tracked in the system, excluding figures of the Eastern Cape.

Herman Mashaba, leader of ActionSA, criticised the government’s decision, calling it a threat to sovereignty and legitimisation of illegality.

“Those who decided to allow undocumented foreign nationals to register in schools were not thinking clearly,” said Mashaba. “A country without borders cannot have sovereignty. Without borders, there is no country.”

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He argued that the decision sent a message to failed states to offload their responsibilities onto South Africa.

“This isn’t just about schools; it signals that South Africa is open to exploitation, despite 54% of our people living below the poverty line and one of the highest unemployment rates globally. With such dire issues, it undermines South Africa’s sovereignty,” he said.

“Many public schools in our communities are dysfunctional and dilapidated.

“Some still have pit toilets and overcrowding is a major issue. If the government cannot uphold the dignity of South African children, where will it find resources for undocumented children?” he asked.

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Mashaba, who has a firm stance on immigration laws, insisted that all undocumented individuals, including children and their parents, should return to their home countries.

“South Africa cannot take responsibility for undocumented people for the failures of other countries,” he said.

“Laws exist for a reason, and people should apply to come here legally. Allowing undocumented people to access our systems places an additional strain on already limited resources.”

In a 2019 case against the minister of basic education, the high court ordered the admission of undocumented pupils was mandatory.

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Dr Vusumuzi Sibanda of the African Diaspora Global Network said the concerns were misplaced and against children’s rights.

“When children are in the country, they must be acknowledged and educated. Denying them access would be reckless and unlawful. Educating these children doesn’t grant them citizenship, but ensures they have a chance at a better future,” he said.

Sibanda warned: “An uneducated individual is likely to resort to crime because they are unemployable. The lack of education breeds crime and creates further societal issues.”

Elijah Mahlangu, spokesperson for the department, said this was not a new matter.

“The judgment found that Clauses 15 and 21 of the school Admission Policy for Ordinary Public Schools are unconstitutional,” he said. “

The department is working with home affairs, Centre for Child Law and the South African Human Rights Commission in addressing the issue. They are funded like all other children. There’s no discrimination.”

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