Abstract
This dissertation examines the right to education for undocumented learners in South Africa, focusing on the transformative impact of the Phakamisa judgment. In this case, the court held that policies excluding undocumented children from public schools were unconstitutional, affirming that no child may be denied access to basic education based on their documentation status. Despite the constitutional guarantees of access to basic education and prohibition of unfair discrimination in sections 9 and 29 of the Constitution, undocumented children — who are often migrant, refugee, or stateless — face significant barriers to enrolment due to fragmented policies and inconsistent administrative practices. Through an analysis of the Phakamisa judgment and its implications, this dissertation explores persistent legal and policy gaps that undermine the constitutional mandate for basic education, with additional attention to conflicts between education and immigration frameworks. This dissertation proposes reforms aimed at achieving policy coherence and ensuring that the right to education is accessible to all children within South Africa’s borders. This work thus contributes to the broader discourse on socio-economic rights enforcement, offering actionable recommendations to strengthen educational non-discrimination for undocumented learners.