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 19 of the schools
Admission Policy for Ordinary Public Schools of 1998 were
unconstitutional.
Clause 15 required a parent to present the school with an official
birth certificate for the learner, and if the parent could not
present the birth certificate, the child could be admitted
conditionally until the certificate was obtained from Home
Affairs.
If the birth certificate was not forthcoming from Home Affairs
within 3 months, subsequently amended to 12 months, the learner
could be excluded from the school.
Clause 21, dealing with admission of non-citizens, required a
parent to prove that they had applied to Home Affairs to legalise
their stay in the country under the Aliens Control Act of 1991.
The judge found both clauses unconstitutional and said that
undocumented children should not be punished for the choices of
their parents or caregivers, and no child should be excluded from
an education, which was fundamentally important to the development
of the child and its future ability to become employed and live
with dignity.
The Education Department was interdicted from excluding or
removing any child, even illegal foreign children, after being
admitted to school simply because the child did not have an ID, a
birth certificate or other documentation.
Where a learner could not provide a birth certificate, school
principals were ordered to accept alternate proofs of identity
such as an affidavit or sworn statement by the parent, caregiver
or guardian.
Previously, learners had been excluded from schools and from
writing matric if they had not been able to produce documentation.
The court heard that there were almost a million undocumented
learners, of whom 87% were South African, whose parents had been
unable for various reasons to obtain documentation from Home
Affairs.
After the attempted suicide of a learner in 2018 who was told he
could not write his matric without an ID number,

the Education
Department spokesman Muzi Mahlambi said at the time: “There is no
child who cannot write because they don`t have an ID. No child
will be turned away. We will intervene.” In the case of
undocumented foreign learners, the Education Dept would “allow
these candidates to register to write the examination. But these
candidates will not have their results issued until they produce
the necessary documentation.”
Despite the 2019 Makhanda court ruling, whether undocumented
matric candidates will be issued with matric certificates is still
at issue.
Umalusi (the Council for Quality Assurance in General and Further
Education and Training) is the body that issues matric
certificates.
In January 2020, the Umalusi spokesperson, Lucky Ditaunyane, said
that undocumented learners are issued with their matric
certificates with their date of birth rather than ID number. He
said that the certificate would be as good as one with an ID
number when applying for a job or for university.
But higher education institutions require a copy of the
applicant’s ID, as does the NSFAS (National Student Financial Aid
Scheme), so the road ahead is still a rocky one for undocumented
learners.
Elijah Mhlanga of the Basic Education department advised parents
to speedily apply to Home Affairs for assistance in obtaining IDs
as their children would continue to face problems if they were
undocumented. Without their own IDs parents cannot apply for
documents for their school-going children, nor open bank accounts
or access child support grants.
When applying for an ID, DHA Form B1-9 must be filled out in black
ink at Home Affairs. If there is no birth certificate, forms DHA-
24, DHA-24/A x 2 and DHA-288 must be filled in to register the
birth.
The problem is that Home Affairs is generally admitted to be
increasingly dysfunctional and takes an inordinately long time to
deal with applications. V.3098

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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