Sections 3 and 51 of the SA Schools Act, 84 of 1996, have a bearing on homeschooling. Also read more at this link under the section “Registration”.
Section 3. Compulsory attendance.
(1) Subject to this Act and any applicable provincial law, every parent must cause every learner for whom he or she is responsible to attend a school from the first school day of the year in which such learner reaches the age of seven years until the last school day of the year in which such learner reaches the age of fifteen years or the ninth grade, whichever occurs first….
(5) If a learner who is subject to compulsory attendance in terms of subsection (1) is not enrolled at or fails to attend a school, the Head of Department may—
(a) investigate the circumstances of the learner’s absence from school;
(b) take appropriate measures to remedy the situation; and
(c) failing such a remedy, issue a written notice to the parent of the learner requiring compliance with subsection (1).
(6) Subject to this Act and any other applicable law—
(a) any parent who, without just cause and after a written notice from the Head of Department, fails to comply with subsection (1), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months; or
(b) any other person who, without just cause, prevents a learner who is subject to compulsory attendance from attending a school, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Parents therefore can be prosecuted if they prevent their children from attending school.
According to Section 51 of the SA Schools Act, 84 of 1996, a parent must apply for registration of his child as a learner at home with the Provincial Education Department. A child who is registered is exempted from compulsory school attendance (according to the Policy on Home Education, 2018).
Quoting from the SA Schools Act:
Section 51: Registration of learner for education at home.
(1) A parent may apply to the Head of Department for the registration of a learner to receive education at the learner’s home.
(2) The Head of Department must register a learner as contemplated in subsection (1) if he or she is satisfied that—
(a) the registration is in the interests of the learner;
(b) the education likely to be received by the learner at home—
(i) will meet the minimum requirements of the curriculum at public schools; and
(ii)will be of a standard not inferior to the standard of education provided at public schools; and
(c) the parent will comply with any other reasonable conditions set by the Head of Department.
(3) The Head of Department may, subject to subsection (4), withdraw the registration referred to in subsection (1).
(4) The Head of Department may not withdraw the registration until he or she—
(a) has informed the parent of his or her intention so to act and the reasons therefor;
(b) has granted the parent an opportunity to make representations to him or her in relation to such action; and
(c) has duly considered any such representations received.
(5) A parent may appeal to the Member of the Executive Council against the withdrawal of a registration or a refusal to register a learner in terms of this Act.
