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