Articles
Parents are increasingly concerned about the risks associated with registering learners for home education. Officials increasingly require registered parents to meet conditions that negatively affects home education. Would it not be better not to register to avoid such problems?
However, if they do not register, parents could be prosecuted in terms of Section 3 of the schools act. Many parents therefore choose to register in order to avoid such prosecutions. The consequences of failing to register are explained here.
To register or not to register is becoming an increasingly important question.
Until recently it was unclear what these negative registration conditions might be. Without that knowledge it was difficult to access the consequences of registration. However, a number of recent incidents provide insight into emerging administrative practice.
- In January 2026 the DBE published a post on X stating that home educators had to provide various documents including immunisation records in order to register for home education. Although the post was removed after a backlash from home educators, it offers some insight into the thinking of education officials.
- In March 2026 the Pestalozzi Trust published a Red Alert reporting that their members had been told by Gauteng officials that:
- Parents are not allowed to teach a learner beyond the prescribed grade level or complete more than one grade in a year.
- If parents teach ahead of grade level, there will be compulsory home visits.
- Home learner registrations will not be renewed for the next phase without a report from a competent assessor.
- End of Phase assessments may not include multiple choice questions.
These recent incidents have raised the stakes for registration. For some families—particularly those following structured curricula or planning a return to the school system—registration may still provide stability and recognition. For others, However, registration is becoming increasingly risky.
To put things in perspective, Section 3(6) of the Schools Act requires consideration be given to whether parents have a just cause for not registering before prosecution is pursued. The regulatory guidelines further indicate that officials should address reasonable objections before enforcement action is taken. In practice, this would typically involve formal communication with parents, after which continued non-compliance may expose them to prosecution. Failure to register is not therefore automatically an offence. It becomes an offence only if parents fail to register without a just cause.
Parents who are uncertain about registration can book a personal consultation to for advice on the risks associated with registration and non-registration in their specific situation here.
Legal & Research
Homeschooling and the law
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Frequently Asked Questions
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Do I need to be a qualified teacher?
No. Research has found no correlation between the qualification of the parent and the academic performance of the child. Research shows that...
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Is home education often used as a smoke screen to hide child neglect?
State interference in home education is often justified as something that can identify situations where home education is used as a smoke screen to...
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What is home education or homeschooling?
Home education is the oldest form of education. The school system as we know it is actually fairly new. It is done under the guidance and the...
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Is homeschooling legal in South Africa?
Yes. Since 1994, the right for parents to home educate their children was legalised in South Africa through the adoption of the new constitution. In...
