Thousands of migrant children in South Africa are being excluded from public schools, despite constitutional protections and a landmark 2019 court ruling that prohibits denying education based on nationality or documentation status. Recent surges in anti-immigrant sentiment and unrest have further exacerbated the situation, forcing many families to withdraw their children due to fears of harassment and intimidation.
Legal Framework And Implementation Gaps
The South African Constitution guarantees the right to basic education for everyone within the country’s borders, irrespective of their documentation status. In December 2019, the High Court in Makhanda reinforced this through the Phakamisa Judgment, which explicitly declared that undocumented children cannot be denied school admission due to a lack of birth certificates or identification.
Following this ruling, the Department of Basic Education issued Circular 1 of 2020 to align provincial and local school policies with the court’s mandate. However, reports from human rights organisations suggest that school officials often remain unaware of these regulations or inconsistently apply policies, leading to the continued exclusion of migrant pupils.
The judgment is a triumph for undocumented children everywhere, particularly those who are stateless, who do not have access to a nationality, and who suffer many multiple human rights abuses and traumas.
Liesl Muller, head of the LHR Statelessness Project, stated this during a briefing on the significance of the 2019 ruling. Despite such legal milestones, the gap between policy and practice leaves thousands of children without access to formal classrooms.
Impact Of Xenophobic Unrest On Learners
A notable rise in anti-migrant activity between June and July 2026 has created a climate of hostility that extends into the school environment. The resulting pressure has led to families pulling their children out of public schools to avoid potential violence or discriminatory behaviour from peers and community members.
Quincy Nemhara, a learner who recently left South Africa, highlighted the personal toll of these tensions during an interview. He noted that he was the only Zimbabwean student in his final year and faced constant verbal harassment at his school.
All my dreams are shattered. The situation in South Africa is no longer bearable for me. I was the only Zimbabwean in Grade 12 at this school, so when the campaign against immigrants started, I was harassed. They called me names.
With precise figures remaining difficult to verify, advocacy groups warn that the exodus of migrant children risks creating a lost generation unable to access essential services. Stakeholders are now calling for heightened awareness among school administrators to ensure that the constitutional right to education is protected against current social pressures.