According to Section 3 (5) of the
above mentioned Act 84 of 1996, when a
child between the age of seven and
fifteen years old is not enrolled at
school, without just cause, the head of the provincial department of education
may investigate the circumstances of the leaner’s absence from school; take
reasonable steps to remedy the situation; and or issue a written notice to the
parent of the learner.
If the parent without just cause or after the issuing of the written notice
from the above Department, contravenes the provisions of section 3 (1) of the
Act, the former will be guilty of an offence and liable on conviction
to a fine or to imprisonment for a period not exceeding six months.
Furthermore, anyone who prevents a learner between the ages of seven to
fifteen years old, will also be guilty of an offence and liable on conviction
to a fine or to imprisonment for a period not exceeding six months.
At this stage it is unclear what remedy is available for a parent or what
punishment is there for a child who blatantly refuses to attend school, despite
great measures being taken by their parents.
Our law expects parents to force their children to attend school from the
age of seven years to fifteen years old, instead of making basic education
(Grade 1 to Grade 9) compulsory for all regardless of the age of the learner,
to ensure that every learner receives adequate basic education.
I am of the opinion that this has a negative impact on our children as it enables
learners to drop out of school earlier and increases the rate of unemployment
in South Africa, as the minimum entry
level in the employment market is Grade 10 or 12.
Reference List:
South
African School’s Act 84 of 1996
Visser 2007 (70) THRHR