In Conversation With Innocent Moloi Paralegal.
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South Africa’s Constitution enshrines a rights based democracy in which fundamental human rights — including dignity, equality, freedom, safety, and access to basic services — apply to everyone within the country, regardless of nationality or immigration status. These protections are reflected in international human rights treaties and judicial interpretation.
Yet recent incidents across the country suggest a growing tension between legal human rights obligations and public sentiment, particularly in education, healthcare, and community safety.
• In January 2026, protests erupted outside Addington Primary School in Durban over claims that children of foreign nationals were being prioritised for placements — claims experts say are unfounded and provoked unrest despite laws protecting access to education for all learners.
• Education and civil rights commentators emphasise that Section 29 of the South African Schools Act clearly guarantees the right to basic education for all children residing in South Africa, and no learner may be lawfully excluded due to nationality or documentation status.
Yet recent incidents across the country suggest a growing tension between legal human rights obligations and public sentiment, particularly in education, healthcare, and community safety.
• In January 2026, protests erupted outside Addington Primary School in Durban over claims that children of foreign nationals were being prioritised for placements — claims experts say are unfounded and provoked unrest despite laws protecting access to education for all learners.
• Education and civil rights commentators emphasise that Section 29 of the South African Schools Act clearly guarantees the right to basic education for all children residing in South Africa, and no learner may be lawfully excluded due to nationality or documentation status.
