To : Mr. Mondli Gungubele The Honourable Chairperson of the Portfolio Committee for Social Development By email : [email protected]c/o : [email protected]30 October 2020 Dear Honourable Chairperson THE CHILDREN’S AMENDMENT BILL AND EARLY CHILDHOOD DEVELOPMENT – AN OPPORTUNITY FOR REAL REFORM LOST Introduction 1. We are a collective of non-profit organisations, academics, and children’s rights organisations, all advocating for the realisation of the right to inclusive, holistic and quality early childhood development (“ECD ”) services in South Africa. 2. We refer to the Children’s Amendment Bill B18-2020 (the “Bill ”) and address you on key concerns about the proposed amendments contained in the Bill as they relate to ECD. 3. We have helped coordinate, and along with a growing number of organisations and individuals (currently more than 90), support the Real Reform for ECD Campaign, which calls for key reforms relating to ECD to be considered and implemented in light of the legislative reform process currently underway. 4. The Real Reform for ECD Campaign calls on the Honourable Chair and members of the Portfolio Committee for Social Development (“Committee ”) to consider these key reforms. A petition addressed to the Honourable Chair and the members of the Committee can be accessed here.A list of signatories (currently about 560) and their reasons for signing the petition is also annexed hereto as Annexure A. 5. For the reasons set out below, we write to the Honourable Chairperson to urge that a special meeting of the Committee be convened to specifically discuss critical issues and concerns pertaining to the Bill’s proposed amendments in respect of ECD. 6. The ECD sector has consistently requested a more holistic approach to regulating ECD. Government has also, at various times, supported the simplification and streamlining of the regulation of ECD. In 2012, the Buffalo City Declaration committed the government to the ‘streamlining of registration processes’. And earlier this year, in a presentation to parliament, the DBE stated as one of its ten strategic aims for ECD, ‘a single streamlined system of registration – for centres, programmes and practitioners.’
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To: Mr. Mondli Gungubele
The Honourable Chairperson of the Portfolio Committee for Social Development
Dear Honourable Chairperson THE CHILDREN’S AMENDMENT BILL AND EARLY CHILDHOOD DEVELOPMENT – AN OPPORTUNITY FOR REAL REFORM LOST Introduction 1. We are a collective of non-profit organisations, academics, and children’s rights organisations, all
advocating for the realisation of the right to inclusive, holistic and quality early childhood
development (“ECD”) services in South Africa.
2. We refer to the Children’s Amendment Bill B18-2020 (the “Bill”) and address you on key
concerns about the proposed amendments contained in the Bill as they relate to ECD.
3. We have helped coordinate, and along with a growing number of organisations and individuals
(currently more than 90), support the Real Reform for ECD Campaign, which calls for key reforms
relating to ECD to be considered and implemented in light of the legislative reform process
currently underway.
4. The Real Reform for ECD Campaign calls on the Honourable Chair and members of the Portfolio Committee for Social Development (“Committee”) to consider these key reforms. A petition
addressed to the Honourable Chair and the members of the Committee can be accessed here. A
list of signatories (currently about 560) and their reasons for signing the petition is also annexed
hereto as Annexure A.
5. For the reasons set out below, we write to the Honourable Chairperson to urge that a special
meeting of the Committee be convened to specifically discuss critical issues and concerns
pertaining to the Bill’s proposed amendments in respect of ECD.
6. The ECD sector has consistently requested a more holistic approach to regulating ECD.
Government has also, at various times, supported the simplification and streamlining of the
regulation of ECD. In 2012, the Buffalo City Declaration committed the government to the
‘streamlining of registration processes’. And earlier this year, in a presentation to parliament, the
DBE stated as one of its ten strategic aims for ECD, ‘a single streamlined system of registration –
7. Whilst the Bill as introduced in Parliament now includes a single ECD chapter, the proposed
amendments, rather than simplifying and streamlining processes, instead result in further
duplication and incoherence in the regulation of ECD. The Bill still does not tackle the major
challenges the sector faces: unattainable registration requirements, a complicated dual
registration process, underutilised pro-poor mechanisms in the Children’s Act, 2005 (the
“Children’s Act”), amongst others. Moreover, it adopts a one-size-fits-all approach to ECD
provisioning, perpetuates onerous health and safety requirements, and siphons infrastructure
support from partial care facilities on private land. It also fails to respond to the imminent shift of
responsibilities in respect of ECD services from the Department of Social Development (“DSD”) to
the Department of Basic Education (“DBE”).
8. We urge the Honourable Chair and the members of the Committee to consider these issues
carefully and to hold DSD accountable for establishing more comprehensive, well-considered and
holistic legislative reform measures to ensure the best interests of the child are served at all
times.
Why a specific Portfolio Committee engagement on ECD is required
9. While the ECD-related amendments contained in the Bill were presented by DSD to this
Committee at a briefing held on 6 October 2020 (the “Briefing”), fundamental issues with the
Bill’s proposed amendments were not adequately addressed.
10. DSD also failed to adequately respond to questions raised by various concerned Committee
members. In particular:
10.1. Member Masango’s question about why clause 35 of the Bill amended section 78(4) of the Children’s Act to turn the obligation to prioritise funding to poverty declared wards into a
discretionary power, went unanswered; and
10.2. Member Abrahams’ questions on the infrastructure grant being inaccessible to private
property owners, on onerous municipal requirements as barriers to registration, and the
implications of the ECD function shift on the current amendment process, were not
addressed.
11. In addition, we are concerned about the inaccurate and misleading information presented to the
Committee with regard to the implications of the Bill on the ECD sector. Examples of some of the
inaccuracies or lack of clarity include:
11.1. That the Bill provides that partial care facilities taking care of less than six children must be registered. This is incorrect. The Bill states that a facility operated or managed by the
Department, a provincial department, or a municipality may register if there are fewer than
six children in its care. The vast majority of facilities do not fall into this category and
therefore will not have to register;
11.2. That there did not appear to be a clear understanding about the important differences
between conditional registration and registration with conditions, and the implications of
the Bill’s provisions in this regard;
11.3. That clause 39 of the Bill fills a gap relating to conditions for registration and that the
amendment constitutes a conditions checklist. There is no such provision in the clause. The
proposed amendment only makes minor adjustments to wording and does not change the
substance of the existing section in the Children’s Act;
11.4. That clause 45 of the Bill (which includes amendments to section 91(3) of the Children’s Act)
is necessary to provide different ECD programmes according to different age groups. This
not the effect of the clause and no such provision is included. The amendment to section
91(3) simply brings the definition of ECD programme in line with the definition in the
National Integrated ECD Policy;
11.5. That clause 47 of the Bill gives power to MECs to provide funding for ECD programmes,
including in rural areas, and that DSD has an obligation to provide ECD programme funding.
The proposed amendment actually has the opposite effect. It diminishes the existing duty on
MECs to fund ECD programmes in poor areas, by turning it into a discretionary power. There
is no obligation to fund ECD programmes; and
11.6. That the new Part II (103A-103M) on the registration of ECD centres had been inserted
because there was no provision of this nature for ECDs previously. This is not accurate. ECD
centres are considered to be partial care facilities in Chapter 5 of the existing Act; therefore,
all ECD centres are currently subject to the partial care regulatory regime. The new Part II
simply repeats all of the partial care registration requirements in a different part of the
Children’s Act specifically for ECD centres. This will make no difference to the registration
system on the ground. Instead, the overlap in definitions and provisions introduced by the Bill
creates significant confusion in respect of the regulation of partial care and ECD centres.
12. We believe that the proposed amendments in the Bill will adversely affect the ECD sector and the
interests of the children this sector seeks to serve. Further engagement by the Committee on the
ECD components of the Bill is therefore warranted.
13. Accordingly, we strongly urge you to call a special meeting of the Committee, similar to your
suggested focused meeting in respect of foster care, dedicated to adequately ventilating the
issues relating to ECD reform. In particular, we urge the Committee to:
13.1. require DSD to adequately respond to the concerns alluded to in paragraphs 5, 8 and 9
above; and
13.2. allow members of the ECD sector, including practitioners, representatives of the
undersigned organisations and other possible stakeholders, to present at this meeting to
assist the Committee in grappling with these complex issues.
14. We also encourage the Committee to invite the DBE to the special ECD session to ensure that
both the DSD and DBE are considering the implications of the Bill.
15. We are all committed to advancing the best interests of children and want to ensure that the
opportunity before us to further ECD reform is not squandered. In order to achieve this, we
believe that engaging on the issues facing the ECD sector and the inadequacies of the current Bill,
is critical. It will also prepare and empower the public to constructively engage with the Bill in the
public comment process.
16. In light of the public participation process which has already commenced, we kindly request your
Stephanie Pietersen Cape Town, South Africa 2020-10-29
Thembenkosini Sinenhlahla Durban, South Africa 2020-10-29
Villet Donaven Cape Town, South Africa 2020-10-29
Daphney Mathateng Johannesburg, South Africa 2020-10-29
Moipone Buang Johannesburg, South Africa 2020-10-29
Lynn Chambers Cape Town, South Africa 2020-10-29
Jade Jacobsohn Port Elizabeth, South Africa 2020-10-29
Nobuhle Khumalo Johannesburg, South Africa 2020-10-29
Moira Lenting Cape Town, South Africa 2020-10-29
Jaqueline Bester Cape Town, South Africa 2020-10-29
Joyce Mashigo Johannesburg, South Africa 2020-10-29
Louis Reynolds Cape Town, South Africa 2020-10-29
Ria Ockhuys -Van Niekerk CAPE TOWN, South Africa 2020-10-29
Asanda Makhofola Cape Town, South Africa 2020-10-29
Name Location Date
Val Kidd Roodepoort, South Africa 2020-10-29
Mary Morgan Durban, South Africa 2020-10-29
bianca els Bellville, South Africa 2020-10-29
Sue Jobson South Africa 2020-10-29
Garth Alperstein Randwick, Australia 2020-10-29
Sonia Botha Cape Town, South Africa 2020-10-29
Prudence Mathebula Pretoria, South Africa 2020-10-29
Erica Wiersma Bonn, Germany 2020-10-29
lori lake Cape Town, South Africa 2020-10-29
Ntsiki Bereng Johannesburg, South Africa 2020-10-29
Natalie Moller Cape Town, South Africa 2020-10-29
Jon Kerr Cape Town, South Africa 2020-10-29
Recipient: Hon. Mondli Gungubele, Parliamentary Committee Members for theChildren’s Amendment Bill (B18-2020)
Letter: Greetings,
Real Reform for ECD
Comments
Name Location Date Comment
lisa voortman Tokai, SouthAfrica
2020-10-26 "I am deeply concerned about the crisis in the ECD sectorand demand that our voices are heard"
HloniphileNtshangase
Johannesburg,South Africa
2020-10-26 "Am signing in because,I want the ecd voice to be heard inparliament"
Andrea Sciarappa Johannesburg,South Africa
2020-10-26 "I'm signing this petition because the South AfricanECD sector has an opportunity for #realreform whichis way overdue! The Amendment to the Children's Actdoes not lend itself to positive reform and it will be a#missedopportunity! In addition, there is the glaringomission of the migration from DSD to DBE which willhave a massive impact on the Amendment - therefore, theAmendment is incorrect! Go #backtothedrawingboard,#consult withthesector and #getitright1sttime!"
Louisa Feiter Cape Town,South Africa
2020-10-26 "If we can get the foundation of ECD right, we will begin tosee the change we need in our education statistics"
LusemanziEarly ChildhoodDevelopment
South Africa 2020-10-26 "I'm signing because ECD is a solid foundation for kids andour Government is not supporting ECD"
susan Hurrie Johannesburg,South Africa
2020-10-26 "I am very very worried about the people /person headingup the DSD. She /they are not qualified to care for thewelfare of the children in our country... In any way...."
Blossom Mene Johannesburg,South Africa
2020-10-26 "I want change the government does not care about ECD atall"
Bronwyn Meyer Pretoria, SouthAfrica
2020-10-26 "I am fed up of dsd and the ridiculous rules they have forecd's"
Lerato Qobolo Johannesburg,South Africa
2020-10-26 "I am signing the petition because I believe ECD is veryimportant for the holistical development of our children"
Nonhlanhla Zulu Johannesburg,South Africa
2020-10-26 "Most of practitioners don't have anything to eat,even to payfor remt where they stay."
Ramasela Madisha Pretoria, SouthAfrica
2020-10-26 "Im signing because i need achange in our sector"
Siphokazi Ralana South Africa 2020-10-26 "Because I am an ECD teacher in training"
MaryceciliaRametsi
Johannesburg,South Africa
2020-10-26 "I support ECD"
Deborah Voyi PotchefstroomJB Marks, SouthAfrica
2020-10-26 "ECD sector to get government support in and to berecognized by DSD and DOE."
Name Location Date Comment
NomalangaShongwe
Johannesburg,South Africa
2020-10-26 "I'm signing because my centre is at the poorest area wedon't get funds from the government the centre is 21yearsbut nothing we receive. All the kids are the same even if theywere raised in an informal settlement"
Noxolo Braweni Cape Town,South Africa
2020-10-27 "NC Braweni"
Lashiwe Mparadzi Pretoria, SouthAfrica
2020-10-27 "I want to see change and reform in ECD sector the bill ofrights must speak to us"
Thembelihle PearlKhati
Johannesburg,South Africa
2020-10-27 "I stand for ECD. Children first!"
Likeleli Komane Johannesburg,South Africa
2020-10-27 "I support this reform"
Maureen Magenga Johannesburg,South Africa
2020-10-27 "I'm signing this cause iwas affected by corona no money topay for my bills and my staff"
Nomsa Mandla Cape Town,South Africa
2020-10-27 "I'm signing up the petition because I don't have a structurefor my chrech I 'm renting and I also don't get subsidy fromDsd"
Sanet Strydom Johannesburg,South Africa
2020-10-27 "I have my own ecd centre and need help. My staffneed training. Salaries are small. Income too little to doeverything possible for my children. Parents struggling topay fees and poverty a constant battle. Most income i haveis spent on food and resources. I have every good intentionbut although I have all good intensions, budget is alwaysa huge constraint. I recieve no funding because of all thered tape and restrictions although most of my kids areafrican and are from poor households I always have the BEEcard over my head because I am a white owner... I don'tunderstand why I get blocked on every possible help if it ispoor african children I am trying to help. I so wish I can finda voice for them... I will keep on trying. Never give up!"
Mathapelo Moloto Johannesburg,South Africa
2020-10-27 "ECD must be recognised and respected"
Gloria Chijioke Johannesburg,South Africa
2020-10-27 "Gloria Chijioke"
Lizzy Selina Ndewa Pretoria, SouthAfrica
2020-10-27 "I'm supporting the ECD sector"
Carolyn Reid Johannesburg,South Africa
2020-10-27 "The present act is overly burdensome and complicated anddoes not support centres in trying to become compliant.Many requirements are unreasonable and don't take thecontext of the centres into account."
Lizzy Selina Ndewa Pretoria, SouthAfrica
2020-10-27 "Our Government demand too much from the Ecd's in orderto comply, and our center's are not earning much, wherewill we get the money for compliance, let them loosen
Name Location Date Comment
their By-laws so that we all comply. We are helping thecommunity. Please"
carol browne Pinetown, SouthAfrica
2020-10-27 "I'm signing because i am a nutritionist and i know thatlong term mental and physical health are improved throughchildrens participation in quality ECD."
Leanne Reid Cape Town,South Africa
2020-10-27 "Make quality ECD possible �"
Pinkie Sekhethela Durban, SouthAfrica
2020-10-27 "I sign this petition because I support ECD programs ####"
Anne Canham Welkom, SouthAfrica
2020-10-27 "ECD sector needs urgent attention by being prioritize andfully supported by government."
Phindile Mzimba Pretoria, SouthAfrica
2020-10-27 "I'm signing because I run an ECD and I am not registered"
PoonamDwarkaram
Durban, SouthAfrica
2020-10-27 "I am signing this petition because I want to support the keyreforms that need to be looked at, and changed."
Adri Swanepoel Cape Town,South Africa
2020-10-27 "No child must be margenalized"
Mandla Tshabalala Johannesburg,South Africa
2020-10-27 "Iam a firm believer in Early learning and how it cansignificant increase the educational outcome of ourchildren"
Rejoice Tolo Johannesburg,South Africa
2020-10-27 "Rejoice Tolo"
Linda Arkert Johannesburg,South Africa
2020-10-27 "Those first years are when the brain is developing the most.Early education sets the child up for success in later life.Linda Arkert. Registered social worker and play therapist"
Jean Motaung Durban, SouthAfrica
2020-10-27 "In the area I service caregivers cannot afford to paymonthly school fees. Children are mostly not accessing theECD programme. The support with legislation appropriateand subsidy can go a long way to improve and preparechildren and their families' lives."
Augusta Brandt Robertson,South Africa
2020-10-27 "Ecd needs to become a priority. All children shoul haveequal access to quality education."
Julia Stuart Norrish Cape Town,South Africa
2020-10-27 "Meaningful Early Childhood Development is the bestinvestment, and we need structures and policy to supportaccess and provision of these services."
Dawn Brochenin Hole in the wall,South Africa
2020-10-27 "We need to get the ECD Sector sorted"
Priscilla Edmonds Pinetown, SouthAfrica
2020-10-27 "I totally support these proposals"
Felicia Goff South Africa 2020-10-27 "By time we need change in this sector"
Name Location Date Comment
Rosina Chipana Switzerland 2020-10-27 "Because l support ECD and the legal system is not servingthe poor children and poor communities."
Anneke VanHeerden
Johannesburg,South Africa
2020-10-27 "Children are our future. I have an ECD center and areaware of the struggles we as ECDs face when registering orre registeting. Hidden costs from city planning is causingunnessary financial burden on an already financial crippledsector"
susan hall Storrs, England,UK
2020-10-27 "These reforms are essential if South Africa's children are tohave a chance of fulfilling their potential in life"
Carol Dlamini Johannesburg,South Africa
2020-10-27 "ECD Matters - Early Learning is the foundation for allchildren not few privileged"
Clive Tswaile Johannesburg,South Africa
2020-10-27 "As the chairperson the ecd progressive movement and itsmembers we fully support the initiative"
Joyce mbalula Durban, SouthAfrica
2020-10-27 "In my area so service as prac"
Letitia Kilowan Cape Town,South Africa
2020-10-27 "I am a preschool teacher and with pit a job"
Atisha Naidoo Durban, SouthAfrica
2020-10-27 "I am an ecd owner and it is indeed difficult to go throughso many registration processess. We need assistance andguidance from the necessary departments. I am all forsupporting ECD and bringing change."
Thato Mamabolo Polokwane,South Africa
2020-10-27 "I want to see the EcD sector reformed. It is time to reformand formalize the sector"
Eva Van Belle CAPE TOWN,South Africa
2020-10-27 "Early childhood is the most vital period of a life and apositive change during early childhood will reap benefitsfor that individual thoughout life. Ever Rand spend on ECDsaves R11 later. Registration for subside is complicated andin many instances unattainable, I know of one ECD centrethat cannot be registered because there are no plans forthe building from which they operate! The 6 million childrenunder Grade R age need a system which serves them: whichmeans that local and national government needs to providea registration process and subsidy scheme that is inclusiveand assists the practitioners rather than an exclusive."
YVONNEBRAITHWAITE
Bloemfontein,South Africa
2020-10-27 "A wonderful thing to do for the children in our country."
MOGAMATFredericks
Johannesburg,South Africa
2020-10-27 "I agree with Clive Tswaile."
Malekhotla PatriciaKhonkhe
Johannesburg,South Africa
2020-10-28 "I am signing this petition because I M support the ECD"
Sonti Matlatsane Johannesburg,South Africa
2020-10-28 "Matlatsane"
Name Location Date Comment
Content Modipane Polokwane,South Africa
2020-10-28 "I'm signing because I need equal treatment to all ecdcentre's and morally support from the government"
Suzan Sebeela Pretoria, SouthAfrica
2020-10-28 "I believe in education 4 the young ones"
Shashalee Daniels Cape Town,South Africa
2020-10-28 "I'm signing this petition for practitioners/teachers whomour government don't even take note off. This is our jobs,our passion, our bread & butter. These millions of childrenaround South Africa need the first foundation and that is usThe ECD's .. How many children are here outside ,hunger& so eager to learn & play at same time. I live in rural areain Cape Town named Heinz Park and if you just come outcomfy offices & houses & come see in what these childrenare living, eating & learn you'll cry. It's heartbreaking toshe how our children has to wait for next meal at thechurch/mosque cause there isnt really at home to eat. Withgovernment help we could save a lot of our children toopen our doors for breakfast & lunch everyday. Back topractitioners/teachers we have lives, families that dependson us but at the moment we actually going home with alittle .. �it's heartbreaking we have bills, rent , food, kids &everything cost money .. Money isn't everything but we needto live at the of the day .. Pl"
Hildah Kekae Pretoria, SouthAfrica
2020-10-28 "I need government to acknowledge the ECD centres, theimpact they are doing for the nation the importance of ECD"
Ephia NonhlanhlaMkhwanazi
Pretoria, SouthAfrica
2020-10-28 "Health certificates and fundings"
Nicolette Williams Cape Town,South Africa
2020-10-28 "Am a teacher and principal"
Selina Hlakane Johannesburg,South Africa
2020-10-28 "I'm signing because I feel ECD needs more recognitionthan any other sector because that's where we lay afoundation of a child to be who she/he wants to be infuture.without support our children will be raised withunstable conditions."
Arlene Cleophas Cape Town,South Africa
2020-10-28 "Because I also need to cover things that the Ecd needs andsalaries needs to be paid."
Antoinette Engel Cape Town,South Africa
2020-10-28 "I work in Ecd and we need this!!!"
Danielle Smith Cape Town,South Africa
2020-10-28 "I work in the ECD."
Ashney Govender Johannesburg,South Africa
2020-10-28 "I am an ECD owner that requires a 1 step registrationprcedure"
Pateka Mtintsilana East London,South Africa
2020-10-28 "The reason for signing : Loaves and Fishes Networksupports children in ECD centres in marginalised areas. Theydeserve better"
Name Location Date Comment
david hall UK 2020-10-28 "I live in South Africa and support a literacy project in ECDCsin Langeberg Municipality"
Pam Picken Cape Town,South Africa
2020-10-28 "I am a passionate advocate for South Africa’s youngchildren and strongly believe every single child has a rightto quality ECD services to enable him or her reach theirpotential. The Children’s Act should provide the legalframework to make this possible & it doesn’t in its currentstate. The proposed Children’s Amendment Bill worsens theposition. Let’s take this opportunity to get our legislativeframework for children right this time"
Marie Labuschagne Alberton, SouthAfrica
2020-10-28 "The future starts with ECD and the government should lookafter our preschoolers properly."
Twinkle little starsdaycare Mphufane
Johannesburg,South Africa
2020-10-28 "For the weelbeing of zest"
Mary Morgan Durban, SouthAfrica
2020-10-29 "Effective ECD is the future of South Africa."
Sonia Botha Cape Town,South Africa
2020-10-29 "All children should have access to safe, regulated, earlylearning centers & care facilities. 60% of children has absentfathers while >40% of mothers are single mothers - whichmeans the mother has to work & needs an affordable, safecare facility."
lori lake Cape Town,South Africa
2020-10-29 "Early investment is needed to build a strong foundationand will yield the highest returns"