Operation Dudula under fire for campaign to ban foreign children from public schools in 2026! Operation Dudula’s organisational leader, Zandile Dabula, has announced that the organisation will launch a campaign at the end of December 2025, continuing into the first week of January 2026, aimed at preventing foreign children, particularly those without legal documentation, from enrolling in public schools in South Africa.
But Equal Education (EE) and the Equal Education Law Centre (EELC) are pushing back calling the proposed campaign a violation of South Africa’s Constitution and a precedent setting High Court ruling.
The issue of foreign nationals in South Africa, particularly undocumented migrants, has been contentious and ongoing, sparking public debates, protests, and policy discussions for years.
Concerns over access to limited resources such as housing, healthcare, and education have fueled tensions between local communities and foreign nationals.
According to Dabula, members of Operation Dudula will be stationed at schools to enforce the policy.
Operation Dudula under fire
“No foreign child will be attending school in a public school,” she said. “They can rather take them to private schools, we don’t care, but public schools are going to be reserved for South African children only.”
When asked whether the campaign targets all foreign children or only those without legal documentation, Dabula said, “I’m talking about illegal foreigners who will definitely not be accepted, but those who claim to be legal.
We have Home Affairs, bogus Home Affairs, and we’ve seen a lot of them. You also know about these bogus Home Affairs.”
She emphasised that all foreign nationals would need to be thoroughly vetted, including the legal status of their parents.
“They must be checked, thoroughly checked, because how did they come to this country? Are their parents documented?”
Speaking to the publication, Equal Education (EE) and the Equal Education Law Centre (EELC) sharply criticised Operation Dudula’s campaign as unlawful, unconstitutional, and deeply harmful to children.
“South Africa has a long history of dispossession, unequal resources for our communities, and unequal laws. Thirty years since the dawn of democracy, we remember this history because many of those living in South Africa still look forward to service delivery that gives our families access to basic resources such as health, education, and adequate housing. The poor access to these resources can mostly be attributed to poor government planning, corruption, wasteful expenditure, and poor political will.”
“Children should never be collateral damage of the failures of those in power.”
EE and EELC highlighted the protections guaranteed to all children, saying:
“The Constitution of South Africa, in Section 29(1)(a) and Section 9, gives everyone an equal right to basic education and prohibits discrimination against any child in accessing this right. No child may be excluded from attending a public school, regardless of their documentation status or nationality.
This was confirmed in the Department of Basic Education Circular 1 of 2020, a response to the judgment of the Eastern Cape Division of the High Court in Centre for Child Law & Others v Minister of Basic Education and Others ,which restated the obligation of Provincial Education Departments and schools to admit all learners, and undocumented learners in particular.”
EE and EELC said denying any learner access to school perpetuates inequality and undermines democratic values. Denying children access to their right to education can be very traumatising.
“Any interference with the enjoyment of the right to equal education will constitute a grave constitutional violation and is condemned by Equal Education and the Equal Education Law Centre in the strongest terms.
”All learners in South Africa are entitled to an education, and we must make sure that this right is protected and upheld to build the equitable society envisioned by our democracy.”
Further condemning the campaign, Section27 said: “Operation Dudula’s campaign is unlawful and unconstitutional. Children must be protected, and all state departments and individuals have a constitutional obligation to act in the best interests of children.”
Section27 referenced Centre for Child Law v Minister of Basic Education (Phakamisa judgment), in which the court confirmed that all children, regardless of immigration status, are entitled to education under Section 29(1)(a) of the Constitution.
“Our courts have held that all children, despite their immigration status, are entitled to basic education,” Section27 said.
“The court in the Phakamisa judgment interrogated the constitutionality of a circular by the Eastern Cape Department of Basic Education, which provided that undocumented learners would not be enrolled at schools. The High Court found that such a circular infringed learners’ rights and was not in the best interests of the child.”
The South African Schools Act (SASA), as amended by the Basic Education Law Amendment Act 32 of 2024, now codifies this legal protection. Section 5(1A) of SASA mandates that undocumented learners must be allowed admission into schools and may provide an affidavit containing the learner’s details.
In addition, Section 3(7) of SASA outlines legal consequences for those who interfere with schooling:
“If any person unlawfully or intentionally disrupts or hinders educational activities, they are guilty of an offence and liable, on conviction, to a fine or imprisonment for up to 12 months, or both.”
“Operation Dudula’s campaign to prevent undocumented learners from being enrolled at schools or entering school grounds is intentional, and the disruption of school activities is an infringement of the right to basic education in terms of Section 29(1)(a) of the Constitution and the South African Schools Act,” said Section27.
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