Children with no birth certificates, IDs, permits, passports cannot be stopped from attending school

The case concerned children who have been precluded from unconditionally continuing to attend public schools unless they can identify themselves using a passport, identity documents, birth certificates or permits. The Department of Basic Education argued that the requirement to possess one of these documents improves the management of immigration. Judge Mbenenge decided that because the right to basic education was enshrined in section 29 of the Constitution, no child could be denied this right simply because he or she had no documentation. Because “basic education is a pivot of transformation” a denial of the right had irreversible consequences and kept children locked in cycles of poverty. Thus, the judge ruled that the policy of the Department of Basic Education to bar children from attending school because they were undocumented is unconstitutional. Child Identity Protection (CHIP) welcomes this decision and encourages states to take all appropriate steps to ensure that all children are registered at birth. Having the necessary documentation is a way to preserve the child’s identity and allow them to realise all of their rights, guaranteed by the CRC including their right to education. CHIP congratulates the work of the Centre for Child Law (applicant in this case), as its partner and others working on this case, who will now ensure the follow up and implementation of this decision.

Sources: Full case decision: https://www.saflii.org/za/cases/ZAECGHC/2019/126.html and News article: https://www.iol.co.za/pretoria-news/news/children-with-no-birth-certificates-ids-permits-passports-cannot-be-stopped-from-attending-school-d46f71b6-919b-4873-9090-967fbb551cb6