South Africa has, in the past years, experienced a high influx of undocumented foreign nationals. In a study on migrant children in South African schools, Blessed-Sayah and Griffiths (2023, p. 9)[1] state that “South African society seems unable or unwilling to ensure equitable access to education for those who are already considered ‘illegal’ and ‘foreign”. On the other side, article 28 of the United Nations Convention on the Rights of the Child states that “Every child has the right to education. Primary education should be free.” Locally in the country, the South African Schools Act 84 of 1996, states that schools must admit all learners and must not discriminate against any learner. South Africa is a signatory of the UN Convention on the Rights of the Child, and in dealing with its affairs, South Africa takes a universal human rights approach.

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