The right to basic education is enshrined in South Africa’s constitution. Section 29(1) states that everyone has the right to basic education. This right makes provision for all learners living within the country’s borders regardless of the status of their documentation.
Operation Dudula has launched a campaign that could see the removal of migrant children from school in Diepsloot, Johannesburg. In messages circulated on social media, the group implies that migrant children are being placed at schools at the expense of South African children.
In a joint statement, Equal Education (EE) and Equal Education Law Centre (EELC) condemned the actions of the group calling the message dangerous and argued that it incites a culture of thinking that fuels xenophobia.
We strongly condemn this thinking and behaviour and stand firmly in solidarity with all migrant children.
Equal Education says the campaign supports and promotes discrimination and violence and creates an environment in which xenophobia can flourish. The environment that is created through this type of thinking will consequently result in migrant children living in fear.
They said, “The right to basic education is a human right that is extended to all who live in our country. This means that all children in South Africa, regardless of where they come from and what their documentation status is, have an equal right to education.”
Equal Education warned that the camping can be viewed as a violation of the rights enshrined in the constitution and is illegal.
EE is calling on the Department of Basic Education (DBE) to condemn the actions of Operation Dudula and ensure that all learners who were removed from school by the group are placed back in the classroom. The DBE must ensure they are safe by ensuring that schools have appropriate safety measures.
Equal Education also called for the DBE to liaise with the South African Police Services and National Prosecuting Authority to ensure that the campaign is investigated. They added that members of Operation Dudula must be prosecuted if necessary.