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Education Law

Phillipa Tucker

Phillipa Tucker is a human rights activist and former researcher at the Centre for Applied Legal Studies. She provides training on South African education law. Read More...

Question

Posted by: Law Abiding on 12 November 2009

If an independent school is not registered and the parents know about it but continue to send their children there, are they breaking any law? Children have a constitutional right to an education at a REGISTERED school. What if parents over-ride that right and decide to send their children to an UNREGISTERED school? I'm very sure the parents know the school is NOT registered.

Answer

Subject to Section 3 (1 and 6) of the South African Schools Act:

a) any parent who, without just cause and after a written notice from the Head of Department, fails to cause every learner for whom he or she is responsible to attend a school from the first school day of the year in which such learner reaches the age of seven years until the last school day of the year in which such learner reaches the age of fifteen years or the ninth grade, whichever occurs first, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months;

If the school is not registered this section could apply. I would inform the parents of this and inform the Provincial Authorities immediately because if the school is not registered (and some parents may not be aware) the children's studies will not be recognised by universities etc.

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Phillipa Tucker

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