Excerpt: On 29 August 2025, Liberty Fighters Network filed a High Court application against the DA’s Basic Education Minister to block a school admission vaccine mandate. We argue that the draft regulation is unconstitutional from the start — it contradicts the South African Schools Act and violates parental and children’s rights under the Constitution.
Read the full court application… LFN v Basic Education Minister
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On Friday, 29 August 2025, Liberty Fighters Network (LFN) lodged a decisive application in the High Court, Pretoria, to stop the Minister of Basic Education, Ms. Siviwe Gwarube of the Democratic Alliance (DA), from forcing a compulsory vaccination requirement for admission to public schools.
This application is not simply about debating policy — it is about stopping an unconstitutional draft regulation dead in its tracks.
The Minister recently published the Draft Admission of Learners to Public Schools Regulations, 2025, under Government Gazette No. 53119 of 6 August 2025. At the centre of this draft lies Regulation 14, which attempts to make proof of immunisation a condition for admission to a public school.
LFN has made it clear: this draft should never have been published. It is fatally defective for two fundamental reasons:
- Contradiction with the South African Schools Act — Section 5 of the Act expressly guarantees every child the right to be admitted to a public school, regardless of documents produced. Immunisation is not and has never been a legal requirement for admission. Draft Regulation 14 is therefore ultra vires and invalid from the outset.
- Violation of the Constitution — By attempting to coerce medical interventions on learners and parents, the draft infringes rights to equality, dignity, bodily integrity, parental authority, and the best interests of the child. These rights are entrenched in sections 9, 10, 12, and 28 of the Constitution.
In short, the Draft Regulations were unconstitutional on day one. No amount of “public consultation” can cure a regulation that is already irrational, discriminatory, and unlawful at its core. The Minister should never have wasted State resources on publishing them in the first place.
LFN has therefore acted swiftly — before these defective measures could ever be finalised — to safeguard parents, learners, and the broader public from an unlawful policy that undermines our education system and constitutional democracy.
“This case is about far more than vaccines,” said LFN President Reyno De Beer. “It is about protecting families from unconstitutional overreach and ensuring that government remains accountable, transparent, and bound by law.”
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