A CapeFlats.co.za reader from Athlone asked whether a non-South African can write Grade 12 examinations. The answer is yes: a valid passport is sufficient identification, and no child can be denied the right to sit exams due to a lack of documentation, following a landmark 2019 High Court ruling.
Judge Selby Mbenenge in the Makhanda High Court ruled in 2019 that clauses of the 1998 Schools Admission Policy were unconstitutional. The judgment confirmed that no child may be excluded from education based on documentation status.
That same year, more than 13,000 undocumented students sat for the National Senior Certificate (NSC). Umalusi spokesperson Lucky Ditaunyane told GroundUp that these learners receive valid certificates.
“Undocumented learners are issued with their matric certificates with their date of birth rather than ID number. The certificate would be as good as one with an ID number when applying for a job or for university.”
The right to basic education is entrenched in Section 29(1)(a) of the Constitution, and the Constitutional Court affirmed in 2011 that this right is unqualified and immediately realisable. Jos Venter of Daily Maverick, cited by GroundUp, summarised that position.
However, the picture changed in 2023. Umalusi confirmed that learners based in neighbouring countries such as Eswatini, Namibia, and Mozambique were barred from writing the South African NSC exams.
Umalusi CEO Mafu Rakometsi told Times Live the practice had been a mistake. “These things happened and it was a mistake in the past and we are now trying to correct them,” he said, citing exam security concerns.
Rakometsi added that allowing learners outside South Africa to write the NSC created an unintended consequence: “those students … will be able to compete for university spaces with our students in South Africa.”
For non-South Africans already living inside the country, the situation remains legally clear. A valid passport is enough to register at a public or independent school, and the exam can be written.
But a potential conflict exists: the Department of Basic Education’s website, as of September 2024, states that foreign students must have a study permit to write matric. This requirement appears to contradict the 2019 Makhanda judgment.
GroundUp reported that it is unclear how the study permit requirement fits with the court order. A police affidavit may suffice if a permit is unavailable, but this has not been tested.
This article is based on reports by GroundUp and Times Live, and CapeFlats.co.za independently verified the court ruling and Umalusi statements through official records.
The exact status of the study permit requirement remains unverified, and CapeFlats.co.za will check with the Department of Basic Education for clarity by Wednesday next week.