It has noted an increasing trend of the unlawful exclusion of learners from accessing their right to basic education, which includes the barring of learners from attending school and other activities that compromise schooling.

"While the right to protest action serves as an important mechanism for the voicing of concerns, it must be exercised in a manner that does not unduly impact on the realisation of other rights, including the right of access to basic education and the best interest of the child. While the Commission is sensitive to the multiple and complex issues being faced in these communities, it emphasises that children should not be used as a vehicle for protests, as this invariably results in a loss of crucial learning time,” said Commissioner Andre Gaum, SAHRC Commissioner responsible for the Right to Education.

The Commission highlights the need for community members to engage in constructive dialogue with the Department of Education and other stakeholders with a view of addressing concerns. It therefore reiterates the call made by MEC Panyaza Lesufi and urges all schools and educators to immediately abandon any form of conduct that compromises the schooling and the ability of learners to immediately and sufficiently access their rights.

Ends

Issued by the South African Human Rights Commission

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