Experts say immigration enforcement cannot be imposed through intimidation at schools.
Civil society groups are coming under fire for targeting children in immigration disputes, with education experts warning that no organisation has the authority to block pupils from classrooms.
Recent clashes at Addington Primary School in Durban – where members of the March and March Movement (MAM), Operation Dudula and uMkhonto weSizwe party reportedly tried to deregister the children of undocumented parents – have reignited concerns about xenophobia, vigilantism and the constitutional right to education.
Criminal charges and rising tensions
MAM leader Jacinta Ngobese-Zuma is facing public violence charges in connection with these protests.
A few days ago, a fight erupted between the organisation’s members and some foreign nationals who are parents of pupils.
Education expert Hendrick Makaneta said no individual or organisation has the right to block a child from accessing education.
He said targeting children under the guise of dealing with illegal immigrants was prohibited by law.
Schools as safe spaces
“Schools should be safe spaces for learning and teaching, not sites where pupils are intimidated,” Makaneta said.
“Allowing children of foreign nationals to register does not take rights away from South African children. The real problem is the failure of the government to provide service delivery.
“We cannot blame migrant children for the government’s inability to plan effectively.”
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Makaneta said the government’s failure in migration management was real and must be addressed, but that failure does not justify vigilantism.
“Civilians cannot substitute themselves for lawful authority, or weaponise that failure against children,” Makaneta said.
“These actions are not law enforcement, but they are acts of intimidation and violence. Regardless of the justification given, blocking children from schools is unlawful.”
He said schools were prohibited from refusing admission based on documentation or immigration status.
Human rights and legal rulings
Prof Kathija Yassim, head of the department of education leadership and management at the University of Johannesburg, said: “Preventing children from attending school because of their parents’ nationality or immigration status raises human rights concerns and contributes to xenophobic sentiments.
“At the same time, it reflects broader frustrations around service delivery, resource constraints and perceptions of government inaction.
“The challenge is to address legitimate concerns without undermining the rights of children, or encouraging vigilantism.”
Yassim said the actions by groups such as Operation Dudula and March and March in blocking access to schools or hospitals have been ruled unlawful by the courts.
MAM defends actions
MAM has vowed to continue with their campaign of preventing illegal immigrants from registering their children at schools.
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“We will continue to advocate for the prioritisation of South African children. We will not stop until the law is respected and every South African child has a desk at a school,” said MAM.
The organisation said its actions focus on enforcing the Immigration Act 13 of 2002 and that is why it is “targeting statutory non-compliance”.
According to MAM, its focus was on ensuring that the law, which prohibits the facilitation of services to undocumented foreigners, was strictly upheld.
“Allowing undocumented pupils to register leads to the direct displacement of South African children,” said the organisation.
“Our schools are overcrowded and many local children are currently sitting at home because schools claim to be at capacity, while those desks are occupied by individuals who entered the country illegally.”
Civil society warns of manufactured crisis
Africa Diaspora Forum spokesperson Bongani Mkwananzi said it was aware of renewed attempts by certain groups to prevent children of foreign nationals from registering at public schools.
“What is concerning is that this is not a new phenomenon. South African and foreign children have attended the same schools for many years without incident,” he said.
“The current flare-up appears selective and opportunistic, rather than driven by any sudden change in policy or school enrolment patterns.
“We are awaiting a formal investigation into why this issue has been manufactured as a crisis now, despite long-standing coexistence.”
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