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albert street fire statement
DOWNLOAD THE STATEMENT HERE

Do non–South African children have a right to education in South Africa?

The Collective Voices for Health Access coalition expresses its deep sadness on the 80 Albert Street fire tragedy that occurred in the early hours of 31 August 2023. The fire claimed at least 77 lives and 88 were left with injuries. Many survivors find themselves without shelter and in many circumstances, without any of their possessions or documents.

Alongside our distress at this tragedy, we are disturbed by the immediate responses to the fire by City officials who have sought to assign blame rather than reflecting on the tragedy itself. Blame has been directed at NGOs who have worked over many years to ensure the dignity of people, both from South Africa and elsewhere, living in buildings like 80 Albert Street. The victims themselves have also been blamed – for being poor, for being non-nationals, and for seeking shelter in so-called “hijacked” buildings.

These attempts by opportunistic politicians and government officials serve to divert attention from the failures of their own departments to deal appropriately and fairly with dangerous unofficially occupied buildings in Johannesburg. The haste with which fingers have been pointed at organisations like the Socio-Economic Rights Institute (SERI) and Lawyers for Human Rights (LHR) is not only a deliberate deflection from government responsibilities but also such accusations stoke the fire of xenophobia and anti-poor rhetoric in the city. This endangers many more lives across South Africa and threatens the work of our colleagues across civil society. Claims by the City of Johannesburg’s
‘Transport MMC Kenny Kunene, City of Joburg Council Speaker Colleen Makhubele City of Johannesburg MMC for Public Safety, Mgcini Tshwaku blaming the victims of the fire or NGOs and providing assurances that they have tried to deal with the issue of “hijacked” buildings falsely imply that an appropriate alternative plan was made to relocate those living there. SERI, for example, has clearly stated that they did not litigate against the City of Johannesburg in relation to 80 Albert Street yet have “consistently tried to engage the City to improve conditions in its shelters, to no avail”.

80 Albert Street was a historic building and became a temporary home to many over the years. Formerly the Centre Pass Office of the Apartheid era in which the “Dompas” was issued to control the movement of Black Africans in and out of the city in 1994, the building was converted into a women’s hostel and was re-named the Usindiso Women’s Shelter for abused Women and Children. While it was still a shelter, a room full of apartheid archives was found in the basement of 80 Albert Street yet, despite requests for these archives to be protected and preserved this was not done, and it is assumed that they are all lost in the fire. Usindiso closed in 2018 after shelter staff were forced to leave the building.

Collective Voices for Health Access calls for care and compassion for all survivors of the fire and their families, for those who have lost loved ones and for those still living in dangerous buildings. We stand in solidarity with SERI, LHR and other NGOs accused of being responsible for this tragedy, and in other instances, threatened for assisting some of the most marginalised in our society in line with our Constitution.

We call on the City of Johannesburg to urgently retract any statements made by authorities blaming NGOs for the fire at 80 Albert Street, and to express their support for organisations like Gift of the Givers, SERI, CoRMSA, LHR and other entities and individuals in response to the fire, and their work as human rights defenders. We support the creation of an independent inquiry into the cause of the fire and those responsible for the deteriorating conditions in 80 Albert Street. The inquiry needs to investigate in particular why this building was so neglected and how those responsible can so easily turn on the victims and those who have tried to assist them.

Finally, we call on the City to urgently provide shelter and medical assistance to the survivors of the fire, to facilitate the replacement of destroyed personal documents such as IDs, and to implement a plan to provide safe and affordable accommodation for all who live in Johannesburg.

‘Collective Voices for Health Access’ (previously ‘Collective Voices against Health Xenophobia’) is a coalition of more than 60 civil society organisations, activists, healthcare workers and researchers who work on furthering social justice and challenging xenophobia within the health care sector.

Issued by Collective Voices for Health Access on 7 September 2023

Enquiries: Marlise Richter: marlise@healthjusticeinitiative.org.za

Endorsements:

  1. Africa Revival Foundation
  2. Africa Solidarity Network(ASONET)
  3. African Legal Students Association and Justice Chapter
  4. Amnesty International South Africa
  5. Black Sash
  6. Foundation for Human Rights
  7. Gauteng Housing Crisis Committee(GHCC)
  8. goGOGOgo
  9. groundwork
  10. Friends of the Earth South Africa
  11. Healing Nation Forum
  12. Health and Human Rights programme in the School of Public Health at UCT
  13. Health Justice Initiative
  14. HIAS (Hebrew Immigrant Aid Society)
  15. Inner City Federation
  16. International Commission of Jurists
  17. International Labour Research & Information Group
  18. Johannesburg Migrant Health Forum
  19. Kopanang Africa Against Xenophobia
  20. My Vote Counts
  21. Observatory Civic Association
  22. Scalabrini Centre of Cape Town
  23. School of Public Health University of the Western Cape
  24. SECTION27
  25. Solidarity Action Committee Collective
  26. Sonke Gender Justice
  27. Women on Farms Project
  28. Xenowatch

What do I do if my child is denied placement because she or he is undocumented?

If you are told that your child cannot enrol in school because your child does not have documentation in South Africa, or needs additional documentation, then you must give the school the Department of Education Circular 1 of 2020.  

The Circular says that your child can be registered at a school after submission of any document showing their identity. This can be a clinic card, a birth certificate, or an affidavit signed at a police station by you as the child’s parent or caregiver.  

Is my child subject to paying more fees if he or she is accepted at a public school?

Non-South African children are subject to the same school fees as South African children. Parents / caregivers with refugee or asylum seeker status, who cannot afford school fees, can apply for a fee exemption, which is applied for at the school. Applicants must submit proof of monthly salary and expenses. Additionally, a learner cannot be excluded from school due to non-payment of fees (note that this applies to public schools). A school may also not withhold a learner’s report because the parent cannot pay fees.  It is very important that if you cannot afford school fees that you apply for a fee exemption as early as possible as delay in this may result in fee exemption applications being denied. If you are not happy with the outcome of your fee exemption application, you may appeal against the decision. Parents and caregivers are advised to submit applications for learner placement at schools where they can afford to pay the school fees. Additionally, No Fee Schools are an option where parents and caregivers have no means to pay school fees. 

My child has not been accepted at any of the schools I applied to, what can I do?

If your child is not enrolled in any of the schools because they are too full we advise that you contact your local district education office. The local district education department is better placed to assist with the placement of your child as they will have a list of available spaces in other schools. Additionally, you can reach out to other schools directly to check for possible openings as some students transfer at the start of the school year and this opens up space for unplaced learners. 

Where can I go for help if I am still looking for a school to enrol my child?

The Western Cape Education Department has identified officials who are responsible for managing enrolments of learners in Western Cape schools. Parents are welcome to contact these officials if they have been unsuccessful in finding places for their children at schools in the education districts listed below. 

School Enrolment – District Contact Details 

Head Office 
Lance Abrahams 
Tel: 021 467 2364 
Tel: 021 467 2000 
E-mail: lance.abrahams@westerncape.gov.za 

Metro Central 
Brenda Robertson 
Tel: 021 514 6700 
Tel: 021 514 6793 /6925 
E-mail: Brenda.Robertson@westerncape.gov.za 

Metro East 
Eric Magodla 
Tel: 021 900 7173 
Tel: 021 900 7203 
E-mail: Eric.Magodla@westerncape.gov.za 

Metro North 
Leon Rutgers 
Tel: 021 938 3000 

Tel: 021 938 3004 
E-mail: Leon.Rutgers@westerncape.gov.za 

Metro South 
Lynn Primo 
Tel: 021 370 2000 
Tel: 021 370 2035 
E-mail: Lynn.Primo@westerncape.gov.za 

  

For other district offices contacts click on the following link for your local district education office. Note after you click on the link click on the arrow facing downwards to display the map of the area and the contact details.  

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