Red Alarm: Registrations Refused

The Trust has for some time been aware of the developing problem in KwaZulu-Natal where learners are being refused registration for home education. It seems that the problem is now spreading to other provinces as well.

 

At first these refusals related primarily (to the best of our knowledge, exclusively) to learners either attending cottage schools (which is in accordance with the law – the Trust does advocate for small schools but this is not a form of home education) or home educators registered with virtual schools (online schools). Using virtual schools has not been grounds for refusal of registration in the past and many families using these schools have been registered.  Alongside families who are using on-line schools it now appears those using tutors are also being impacted.

Why this is serious

 

Parents who were refused registration could be forced to put their children back into school or face prosecution. It is therefore imperative to fight these refusals to protect the learners’ rights. A refusal must be appealed within 14 days after the refusal letter has been issued, which means it is a time- sensitive issue. Parents simply cannot wait around before taking action!

 

Officials must not be allowed to implement the policy rigidly. The policy is not a law. It is meant to be applied flexibly. However, it seems that in this instance officials are applying the policy inconsistently and inflexibly. If we allow the officials to get away with it now, not only will it impact the affected families but, will make it harder to challenge when an official decides that some aspect of your home education is no longer acceptable. 

Background

 

Members will remember that the Pestalozzi Trust launched an administrative appeal under the Promotion of Administrative Justice Act (PAJA) against the policy in May of 2019. The Department was compelled to produce thousands of pages of evidence. After our legal team studied the documents, they advised the Trust to wait until the policy is applied rigidly before pursuing any further challenge to the Policy. Furthermore we were advised that Policy was best opposed when we had a concrete example of a violation of a right. (See report back to members here).

 

The current refusal of registration issue is a prime example of such a rigid application, and appears to meet our counsel’s criteria for further action.

Our legal team who handled the application previously (introduced in this newsletter) was briefed today and action was initiated on cases of members who have received a refusal. Since we last communicated via Facebook PT members have received letters of refusal. The legal team instructed that affected home schoolers must be guided by the legal team from the start and in all aspects of this matter, even with the internal appeals. This will ensure that their case will not be affected by technicalities if it has to go to court.

Call to action

 

If you try to register for home education with your Provincial Education Department and are declined, please contact the Trust immediately. The importance of swift action in this case cannot be over-stated. Remember that you only have 14 days to lodge an appeal, and that it is important that the appeal is handled correctly from the start.

 

If you are aware of any person whose registration has been declined, whether a member of the Trust or not, please urge them to contact the Trust as well, and as swiftly as possible. The more instances of rigid policy application that can be proven, the better our case in court will be should it come to that.

 

If you plan to register, we urge you to contact the Trust before attempting your registration. We can support you to minimize the possibility of your application being refused, and should your application be refused, set you up for the best possible chance of winning an appeal. Also encourage other people to join the Trust before attempting their registration. 

Don’t panic

 

Even though this is a red alert, do not panic! We’ve got your back! Keep calm and carry on with your home education. If you feel like chewing your nails to your elbows, take a deep breath, pray, and then read this news nugget again.

 

In conclusion, remember that faces make cases. To have a shot at challenging any unlawful conduct of officials, we need real families whose rights are being infringed upon in real time. So even though it may sound nerve-wrecking to step up and put your family on the line to challenge this, and even though we always try to resolve the conflict through the route of least resistance, remember that even if it comes down to going to court, you are doing a brave thing by stepping up and fighting for the freedom of your family, your community, and your children’s children. Also, this is not a case where you are being prosecuted but one where you are fighting for your rights. You are on the front foot and we will have your back every step of the way!

Pestalozzi Trust (IT6377/98)
the legal defence fund for home and
community-based education.
Die regsfonds vir tuis- en
gemeenskapsonderwys.

PO Box 12332 Queenswood Pretoria 0121 Republic of South Africa
Tel: +27 12 330 1337; 071 192 6070 Fax/Faks: 0866807985
E-mail: Web: https://www.pestalozzi.org