The short answer
In terms of a 2019 judgment in the Makhanda High Court, yes. But the Department of Education website says otherwise.
The whole question
Dear Athalie
My son is Zimbabwean and will be in matric soon. Will he be able to write his exams with just a passport if his permit has expired? We are trying to renew it, but it is taking long.
The long answer
In terms of the 2019 judgment in the Makhanda High Court by Judge Selby Mbenenge, your son should be able to write his matric if he has a valid passport. In that judgment, the court found that Section 29 of the Constitution protected the right of all children to basic education, whether or not they had official documentation, and that clauses 15 and 21 of the schools Admission Policy for Ordinary Public Schools of 1998 were unconstitutional.
Clause 21 said that non-citizen parents had to prove that they had applied to Home Affairs to legalise their stay in the country, or the child could be removed. This was found to be unconstitutional.
In 2020 the body that issues the matric certificates, Umalusi, said that learners without documentation are issued matric certificates using the learner’s date of birth. The spokesperson, Lucky Ditaunyane said that this matric certificate was as good as those with an ID.
However, in September 2024, the website of the Department of Education said that a foreign student must have a study permit issued by the Department of Home Affairs through VFS Global to write matric, but that if a study permit was not available, “proof of application to the DHA or a police affidavit may suffice”.
VFS Global, the company which handles visas for the Department of Home Affairs (DHA), says that to get a study permit, you must complete Application Form DHA-1738 in black ink and submit together with a valid passport and application fee.
So exactly how this requirement corresponds to or fits with the 2019 Mbenenge judgment is not clear. Perhaps the best advice is to consult with one of the following organisations:
Legal Resources Centre:
Email: info@lrc.org.za
Tel: Cape Town: 021 481 3000
Tel: Johannesburg: 011 836 9831
Lawyers for Human Rights:
Email: info@lhr.org.za
Tel: Cape Town: 021 424 8561
Tel Johannesburg Office and law clinic: 011 339 1960
Scalabrini Centre (Cape Town)
Email: info@scalabrini.org.za
Tel: 021 465 6433
Wishing you the best,
Athalie
Answered on Nov. 12, 2024, 4:06 p.m.
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