- The SAHRC says failures to place learners in Gauteng threaten the immediately realisable constitutional right to basic education.
- Learners with special education needs are among those most affected by persistent placement delays.
- Parents, guardians and civil society organisations are invited to submit information by 6 March 2025 to support intervention.
For thousands of children in Gauteng, the promise of education remains an unfulfilled promise. As classrooms reopen and academic programmes resume on Wednesday, 14 January 2026, about 3 000 learners, mostly Grade 1s and 8s, were waiting for a place in the school system.
The South African Human Rights Commission (SAHRC) has warned that this ongoing failure is not a bureaucratic inconvenience but a constitutional breach with lasting consequences for children and their families.
In a statement, the SAHRC said it has been monitoring school admissions programmes over several years and has identified a persistent and systemic pattern of learners not being placed or not being placed on time.
The watchdog stressed that this failure “amounts to a direct threat to the constitutional right of every child to basic education”, a right which, under Section 29 of the Constitution, “is immediately realisable and not subject to the availability of resources”.
Learners left behind by the admissions system
The SAHRC said it has received numerous complaints relating to learner placement across the country, with Gauteng emerging as a particular area of concern. It described unplaced learners as “children who should be accessing schools, including Learners with Special Education Needs Schools and centres, but who have not yet been allocated a placement”.
According to the SAHRC, the consequences of these delays extend far beyond missed school days. “Failure to admit learners disrupts continuity in teaching and learning,” the statement said, warning that prolonged exclusion from schooling undermines academic development and entrenches inequality, particularly for vulnerable learners who already face systemic barriers.
SAHRC mandate and engagement with the department
The SAHRC reaffirmed its constitutional role as a Chapter 9 institution established in terms of Section 181(1) of the Constitution, with a mandate to “protect and assess the observance of human rights in South Africa”. In terms of the South African Human Rights Commission Act 40 of 2013, the SAHRC is empowered to investigate alleged human rights violations, mediate or conciliate disputes, and institute litigation where necessary.
The watchdog said it is “deeply concerned about the persistent delays in placements of learners” and confirmed that it will engage the Gauteng Department of Education to ensure that outstanding cases are addressed. It added that the department must also improve how it communicates with parents, particularly regarding “steps taken to place learners on time”, as uncertainty continues to place families under immense strain.
Call for public submissions
To better understand the scale of the crisis and strengthen its intervention, the SAHRC has called on members of the public and civil society organisations to come forward with information. The submissions, it said, will help “understand the true extent of the problem and support efforts to ensure that all learners are placed in schools”.
Parents and guardians are requested to submit details, including their contact information, residential address, the relevant district office, the date of application, and schools applied to, as well as any response received from the department. Information can be submitted via email to schooladmissions@sahrc.org.za or through the relevant provincial office.
The SAHRC assured the public that “all personal information will be protected in line with applicable privacy legislation” and that each submission will be assessed to determine the appropriate intervention. It said an update on its efforts to resolve the placement crisis will be released during the first quarter of the calendar year.
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