The country places limitations on children`s access to education
and affordable health care. This is particularly true of migrant
children. These limitations are, in my view, unconstitutional and
in violation of South Africa`s international obligations. For
example, South Africa is bound by the International Covenant on
Economic, Social and Cultural Rights. In the interpretation of
this convention, the United Nations Committee on Economic Social
and Cultural Rights has emphasised that :
all children within a state, including those with an undocumented
status, have a right to receive education and access to adequate
food and affordable health care.
However, South Africa isn`t living up to this promise.
What`s clear is that South Africa`s current school admission
policy has a serious effect on the access to basic education of
both children who are South African citizens and those who are
foreign nationals or stateless.
The challenges for those who are not South African citizens and
don`t have the required permits are compounded by section 39 of
the Immigration Act 13 of 2002 . This states that a `learning
institution` may not provide `training or instruction` to an
`illegal foreigner`. Principals of schools that enrol a child who
is an `illegal foreigner` can be charged and may face penalties.
Children who are not South African citizens often also struggle to
access affordable health care through what`s been called `medical
xenophobia` .
A recent Constitutional Court ruling gives some hope that the
requirements of birth certificates and study permits for children
to enrol in school will eventually be relaxed. However, litigation
is still ongoing and as with access to affordable health care,
there`s often a discrepancy between what the law provides and the
actual situation on the ground.
Denial of rights
On 10 December 2018, the Grahamstown High Court gave an order
dismissing an urgent application by the Centre for Child Law that
37 children should be admitted to a public school pending final
determination of a case instituted by the Centre in 2017 , in
which the applicants, among others, requested an order that:
no learner may be excluded from a public school on the basis that
he or she does not have an identity number, permit or passport.
The 37 children were among the many children whose guardians have
not managed to secure the paperwork needed to be allowed to
register in a school under the 1998 Admission Policy for Ordinary
Public Schools.
On 15 February 2019 the Constitutional Court granted leave of
appeal against the High Court order and overturned it, ordering
that the children should be admitted and enrolled in school by 1
March. However, this order does not finally decide the issue of
requirements for enrolling in school as the case instituted in
2017 is still pending before the High Court.
The right to health care is provided for in article 27 of the
Constitution. The National Health

Act 61 of 2003 provides for free
health care at public facilities for children under six years old,
unless a child is covered by private medical insurance.
According to the Uniform Patient Fee Schedule all non-South
African citizens �` except those with permanent or temporary
residence and citizens of the member states of the Southern
African Development Community who `enter the (the republic)
illegally` �` are classified as full-paying patients. Children
without the required permits who are over six years old, who lack
medical insurance and are not from a Southern African Development
Community member state therefore lack access to subsidised health
care.
International obligations
The Global Compact for Safe, Orderly and Regular Migration was
adopted in December 2018 with South Africa`s support. Among other
things, the global compact calls on states to adopt child
sensitive migration policies. It also promotes international legal
obligations in relation to the rights of the child, and upholds
the principle of the best interests of the child at all times.
The principle of the best interest of the child was first set out
in an international treaty 30 years ago in the United Nations
Convention on the Rights of the Child . It was reiterated in the
African Charter on the Rights and Welfare of the Child . South
Africa is party to both these treaties. In addition, the South
African Constitution provides that:
a child`s best interests are of paramount importance in every
matter concerning the child.
A child is defined as anyone below the age of 18.
The right-holder in the bill of rights in the Constitution, is
with few exceptions `everyone`. Clearly this includes not only
South African citizens but everyone who is in the country. Most
rights are not absolute and may be limited under section 36
in terms of law of general application to the extent that the
limitation is reasonable and justifiable in an open and democratic
society based on human dignity, equality and freedom.
The Immigration Act is a `law of general application`. However,
the child`s best interest is `of paramount importance`.
In my view, the rights of children to basic education and
affordable health care in South Africa can`t be limited and
`everyone` must be read to include every child, irrespective of
their immigration status. When it comes to access to health care
the situation is even clearer as there are no limitations set out
in the country`s laws. The Uniform Patient Fee Schedule should
therefore be revised to provide for subsidised health care for all
children whose guardians cannot afford medical insurance.
Human rights right to education access to healthcare International
standards Immigrant children V.2771

In exciting news for digital nomads, South Africa will launch a new digital nomad visa featuring two categories: a remote working visa and a critical skills visa. These visas aim to attract remote workers and skilled professionals globally as part of South Africa’s efforts to position itself as a global hub. Once put into action, this move will establish the country as only the fifth African nation offering this kind of visa to people who spend long periods working in different countries. V.5338
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The Home Affairs official was accused of selling passports at R3,000 to foreigners A 34-year-old former Department of Home Affairs employee will spend the weekend behind bars after being arrested on fraud and corruption charges. Malusi Mlondo appeared briefly in the Durban Specialised Commercial Crime Court on Thursday and was remanded in custody. V.5329
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Home Affairs Minister Aaron Motsoaledi said the arrest demonstrated the department`s zero-tolerance against corruption. • A Department of Home Affairs employee in Limpopo was sentenced to an effective eight years in jail for fraud and corruption. • NPA spokesperson Mashudu Malaba-Dzhangi said Amos Ngwenyama accepted R1 000 to fraudulently issue a birth certificate. • Minister Aaron Motsoaledi said the sentencing demonstrated the department`s commitment to tackling corruption. V.5330
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A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. V.5331
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With just a few weeks to go until the 2024 elections, the Department of Home Affairs has publicized the nation`s identification document (ID) process. The department acknowledges the critical role of voter identification in facilitating participation and ensuring electoral fairness. Delays and inefficiencies at Home Affairs have historically impeded the democratic right to vote, particularly affecting those in rural areas. V.5332
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SAUDI VISA FOR AFRICAN CITIZENS South Africa is not among the countries exempt from Saudi Arabia visa requirements, therefore a Saudi Arabia visa is required. South Africans need a current visa to travel to Saudi Arabia lawfully. South African citizens can obtain a Saudi electronic visa. Saudi Arabia is located in the Middle East. The eVisa is an electronic visa that permits citizens from approximately 50 countries to travel to Saudi Arabia for tourism. V.5333
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I recently renewed my passport at Home Affairs in a bank branch and was very impressed with the service and quick turnaround time. The Department of Home Affairs (DHA) and major banks first launched the option to do Smart ID card and passport applications via select bank branches in 2016. It has slowly grown to around 30 locations, including branches from Absa, Discovery Bank, FNB, Investec, Nedbank, and Standard Bank. V.5334
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The Department of Home Affairs (DHA) has spent over R412.95 million in legal fees since the start of the 2018/19 financial year - with over R117.69 million of this spent between 1 April 2023 and 29 February 2024. This was revealed by the Minister of Home Affairs, Aaron Motsoaledi, in a recent written response in parliament. DHA has seen an exponential increase in the amount that it spends on litigation, with the current amount for 2023/24 (note these figures are until the end of February, several months short of the full financial year) nearly 16 times that of the amount spent in 2018/19. V.5335
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Short on time? Here are the highlights: • Following recent announcements from British Columbia and Ontario, Nova Scotia becomes the latest Canadian province to declare how its quota of study permit applications for 2024 will be distributed across sectors and institutions • As in Ontario, private institutions and language schools stand to be the most negatively affected by the distribution arrangement, but some public universities will also see significant reductions in study permit applications • All Canadian provinces have now distributed their allocation of study permit applications for 2024, and all are now also issuing provincial attestation letters (PALs) V.5336
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We asked the major contestants of the 29 May elections about immigration. Illustration: Lisa Nelson Today’s questions and answers to the major political parties deal with immigration. We emailed our questions to the ANC, DA, EFF, IFP, FF Plus, ActionSA, PA, MK Party, and RISE Mzansi on 13 March and sent follow-up queries to those who did not respond. Some have still not responded. Answers are very lightly edited for grammar and typos. Does your party support continued extensions of the Zimbabwe Exemption Permit (ZEP)? V.5337
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