The constitutional guarantee of the right to a basic education, as enshrined in Section 29(1)(a) of the Constitution, coupled with the compulsory school attendance requirement for learners aged 6 to 15 as per the South African Schools Act, has significant implications for the rights of children to inclusive education.

In the 2024/25 period, 403 out-of-school learners were placed in schools, an increase from 226 in 2023/24, indicating progress in inclusive education initiatives. This improvement reflects the effectiveness of targeted interventions and awareness campaigns aimed at integrating out-of-school learners into the formal education system.

To advance this work, the National Task Team on the Placement of Out-of-School Learners convened at the Capital Hotel in Mbombela from 3 to 4 June 2025. The meeting focused on two key objectives: identifying critical considerations when transitioning learners from special care centres to schools, using lessons from the Life Esidimeni case; and finalising a generic implementation plan for the Task Team’s ongoing efforts.

Advocates Benedict Matlhape and Kgaogelo Ramaimela, both involved in the Life Esidimeni investigation, led a presentation highlighting the need to avoid past human rights violations and legal pitfalls in the placement of learners with profound intellectual disabilities.

The National Task Team, supported by the Strategic Planning and Reporting Directorate, worked on refining the strategic plan and agreed that a standard reporting template would be developed upon the plan's finalisation. Key resolutions included that Provincial Task Teams must continue implementing Circular S28 of 2023. A WhatsApp group will also be created to enhance communication. Provincial representation should be expanded to include additional relevant stakeholders and Directorates such as General Education and Training and Further Education and Training, Health Promotion, Social Cohesion and Psychosocial Support must be integrated into the National Task Team. Provinces must submit Provincial Task Team meeting schedules. Specific provinces (Limpopo, Northern Cape, Western Cape, Gauteng, Eastern Cape, and North West) will be monitored in 2025/26. The next National Task Team meeting is scheduled for 3 to 4 September 2025, in the Free State Province.