But Equal
Education (EE) and the Equal Education Law Centre (EELC) are pushing back
calling the proposed campaign a violation of South Africa's Constitution and a
precedent setting High Court ruling.
The issue of
foreign nationals in South Africa, particularly undocumented migrants, has been
contentious and ongoing, sparking public debates, protests, and policy
discussions for years.
Concerns over
access to limited resources such as housing, healthcare, and education have
fueled tensions between local communities and foreign nationals.
According to
Dabula, members of Operation Dudula will be stationed at schools to enforce the
policy.
“No foreign
child will be attending school in a public school,” she said. “They can rather
take them to private schools, we don’t care, but public schools are going to be
reserved for South African children only.”
When asked
whether the campaign targets all foreign children or only those without legal
documentation, Dabula said, “I’m talking about illegal foreigners who will
definitely not be accepted, but those who claim to be legal.
We have Home
Affairs, bogus Home Affairs, and we’ve seen a lot of them. You also know about
these bogus Home Affairs.”
She emphasised
that all foreign nationals would need to be thoroughly vetted, including the
legal status of their parents.
“They must be
checked, thoroughly checked, because how did they come to this country? Are
their parents documented?”
Speaking to IOL
News, Equal Education (EE) and the Equal Education Law Centre (EELC) sharply
criticised Operation Dudula’s campaign as unlawful, unconstitutional, and
deeply harmful to children.
“South Africa
has a long history of dispossession, unequal resources for our communities, and
unequal laws. Thirty years since the dawn of democracy, we remember this
history because many of those living in South Africa still look forward to
service delivery that gives our families access to basic resources such as
health, education, and adequate housing. The poor access to these resources can
mostly be attributed to poor government planning, corruption, wasteful
expenditure, and poor political will.”
“Children
should never be collateral damage of the failures of those in power.”
EE and EELC
highlighted the protections guaranteed to all children, saying:
“The
Constitution of South Africa, in Section 29(1)(a) and Section 9, gives everyone
an equal right to basic education and prohibits discrimination against any
child in accessing this right. No child may be excluded from attending a public
school, regardless of their documentation status or nationality.
This was
confirmed in the Department of Basic Education Circular 1 of 2020, a response
to the judgment of the Eastern Cape Division of the High Court in Centre for
Child Law & Others v Minister of Basic Education and Others ,which restated
the obligation of Provincial Education Departments and schools to admit all
learners, and undocumented learners in particular.”
EE and EELC
said denying any learner access to school perpetuates inequality and undermines
democratic values. Denying children access to their right to education can be
very traumatising.
“Any
interference with the enjoyment of the right to equal education will constitute
a grave constitutional violation and is condemned by Equal Education and the
Equal Education Law Centre in the strongest terms.
''All learners
in South Africa are entitled to an education, and we must make sure that this
right is protected and upheld to build the equitable society envisioned by our
democracy.”
Further
condemning the campaign, Section27 said: “Operation Dudula’s campaign is
unlawful and unconstitutional. Children must be protected, and all state
departments and individuals have a constitutional obligation to act in the best
interests of children.”
Section27
referenced Centre for Child Law v Minister of Basic Education (Phakamisa
judgment), in which the court confirmed that all children, regardless of
immigration status, are entitled to education under Section 29(1)(a) of the
Constitution.
“Our courts
have held that all children, despite their immigration status, are entitled to
basic education,” Section27 said.
“The court in
the Phakamisa judgment interrogated the constitutionality of a circular by the
Eastern Cape Department of Basic Education, which provided that undocumented
learners would not be enrolled at schools. The High Court found that such a
circular infringed learners’ rights and was not in the best interests of the
child.” IOL
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