Children locked out of classrooms: SAHRC warns Gauteng school delays breach Constitutional rights
The South African Human Rights Commission (SAHRC) has sounded the alarm over persistent delays in school placements in Gauteng, warning that the failure to admit learners on time poses a direct threat to the constitutional right to basic education.
In a statement issued on Wednesday, the Commission said it had been monitoring school admissions programmes and had identified a systemic problem of learners not being placed or being placed late.
“This amounts to a direct threat to the constitutional right of every child to basic education,” the SAHRC said.
The Commission said it had received numerous complaints from parents and guardians, particularly in Gauteng, regarding learners who remain unplaced despite being eligible for admission.
These include learners who should be attending mainstream schools as well as those requiring placement in Special Education Needs Schools and centres.
The SAHRC said the failure to admit learners disrupts continuity in teaching and learning, undermining children’s educational development.
It reiterated its constitutional mandate to intervene where rights are at risk, noting that it is empowered to investigate alleged violations, mediate or conciliate where appropriate, and litigate when necessary.
The Commission expressed concern about ongoing delays and said it would engage the Gauteng Department of Education to ensure improvements.
“The Commission is deeply concerned about the persistent delays in placements of learners and will engage the Department of Education in Gauteng to ensure that the delays are resolved and the department implements better communication protocols,” it said.
As part of its intervention, the SAHRC has called on members of the public and civil society organisations to submit information to assist in determining the scale of the problem.
“The Commission also calls on members of the public and civil society organisations to submit information that will help understand the true extent of the problem and support efforts to ensure that all learners are placed in schools,” it said.
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