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 â€` 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` â€` 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

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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