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IMAGE Courtesy OF ZUTE LIGHTFOOT FACILITATORS 2 OPENING PANEL 1 Panel 1 – Learning Support Materials 6 Learning support materials Facilitator Mark Heywood: Executive Director SECTION27. Chairperson of the UNAIDS Reference Group on HIV/AIDS and Human Rights. 12 PANEL 2 Sexual violence and safety Panel 2 – Sexual Violence and Safety Facilitator Bonita Meyersfeld: Professor of Law at University of Witswatersrand and Director of the PANEL 3 Centre for Applied Legal Studies (Wits). 16 School access

Panel 3 - School Access PANEL 4 Facilitator Modidima Mannya: Advocate Modidima Mannya served as Head of the Eastern Cape 20 Improving education Education Department until his resignation in April 2012. in Gauteng

Panel 5 – School Management, Governance and Teacher Support Address Facilitator Zeenat Sujee: LLB (Wits) and currently works at CALS and mainly involved in monitoring 22 By Commissioner and litigating in the spheres of the right of access to housing. Lindiwe Mokate, SAHRC

Panel 6 – Changing Education Content and Process PANEL 5 Facilitator Monica Hendricks: Monica Hendricks is an Alan Macintosh Research Fellow at the 24 School management, Institute for the Study of English in Africa, Rhodes University. She recently wrote and co-wrote governance and teacher various chapters in South Africa's Education Crisis: Views from the Eastern Cape (2012) edited by support Laurence Wright. PANEL 6 Panel 7 – Monitoring Work on Cases 30 Changing education Facilitator Adila Hassim: Cofounder and head of litigation and legal services at SECTION27. content and process Also founder and board member of Corruption Watch. PANEL 7 PARTNER ORGANIZATIONS 34 Monitoring work on cases

40 Advocacy for basic education Patricia Martin, Advocacy Aid

Writer: Melody Emmett, Sacred Cow Productions Copy editor: Libby Lamour 43 Conclusion Design: Kyle John Behrens & Byron Brad Behrens AUCOURANT DESIGN AND REPRODUCTION www.aucourant.co.za Project coordinator: Lauren du Toit, Legal Resources Centre EDUCATION CONFERENCE 1 “…we will be accused by our children of failing them and they will turn on us.” – Jay Naidoo

Welcome challenge when promises are made and not kept. by Janet Love It is unfortunate that sometimes the huge threat of costly court cases is the only way to see that justice is done.

Part of the agenda, Love said, is to find ways to link civil society organisations to a larger group of people: those who are affected by the failures in the education system, but are not part of the es- tablishment. The involvement of trade unions is crit- ical, but as Love pointed out, there are challenges in engaging the unions: “When we ask for isiZulu Janet Love is the National Director of the to be taught properly, we are asking for a differ- Legal Resources Centre in South Africa. ent composition of our teaching staff. When we rightly know we need mathematics and science “We have to reach across to people who are in teachers in rural areas of the Eastern Cape, we the union movement; people who are in social potentially are looking at changing the teacher movements… People who are part of the un- composition”. employed and who are the children of the un- employed and who are unemployed youth can Opening Address actually join hands to build what we want to build by Jay Naidoo in the society.”

Janet Love welcomed participants on behalf of the organising team of five NGOs that have used the law to advance the right to basic education: the Legal Resources Centre (LRC); Section 27; The Equal Education Law Centre (EELC); the Centre for Applied Legal Studies (CALS); and the Centre for IMAGE Courtesy of Child Law (CCL). NAIDOO.ORG

Motivated by their common concern about the Jay Naidoo is Chairperson of the Global Alliance way in which education is currently provided, for Improved Nutrition, which was launched at and about the difficulties in ensuring that the the 2002 United Nations Summit on Children, as a right to education is realised, the convening public-private partnership to tackle malnutrition organisations wanted to initiate a dialogue with facing two billion people in the world. other groups and activists in civil society in order to enrich and advance efforts to address the chal- “… If we don’t challenge... the deliberate negli- Opening lenges in education. gence of government to serve the interests of the people… we will be accused by our children of Love said the conference would not only look failing them and they will turn on us.” at the legal framework but also at the extent to which government is able to fulfil its obligations to “A central challenge we face in relation to the ensure that the right to education is realised. There delivery of the fundamental and constitutional have been some intermittent successes in work- rights of our people is the issue of governance,” ing with the state, but there is real frustration and Jay Naidoo said, adding that governance is not

IMAGE Courtesy of DAILY DISPATCH 2 EDUCATION CONFERENCE EDUCATION CONFERENCE 3 only about procedures and laws and policies and Naidoo noted that he had not seen the outrage teacher in the classroom, it is a system issue, not a The issue of resourcing is complex, Mannya add- physical narratives, but about the right to water, of parents, of students; of communities in relation constitutional issue. We need to look at the sys- ed. The education budget is higher than that of the right to education, and more than that, the to the crisis in education. He cautioned: “If we tem and ask: What is it supposed to do? What is it other African countries, but quality is the major right to the kind of education that develops hu- don’t stand up and define the constitutional right not doing? problem. “Are we fighting about resources or ef- man potential. of our children to education we have failed our fective use of resources?” he asked. constitution; the struggle we fought; leaders like Referring to the challenges confronting provincial He said that half of Africa’s population of almost Mandela and Sisulu… If we don’t challenge... the education departments, he said that the premier Focusing on corruption in the context of educa- a billion people is under the age of 20. The aver- deliberate negligence of government to serve the of the Eastern Cape had pointed out that the tion, Mannya said that in his view, if systems and age age of African heads of state is 62. By 2035 the interests of the people; if we allow people to use Eastern Cape comprises the former Transkei, the policies are not being implemented, this is cor- workforce of Africa is going to be larger than that our public treasuries as a public bank account; we former Ciskei, and the former Republic of South Af- ruption. It is active corruption if a teacher goes of China. By 2050, a quarter of the global work- will be accused by our children of failing them and rica with their legacies of extreme corruption (Tran- to school drunk; or if there are no teachers at the force will live in Africa, and the population of the they will turn on us.” skei), no service delivery (Ciskei) and discrimination school on payday; or if parents or teachers cannot continent will stand at two billion. (Republic of South Africa), and that all these still speak to children. It is important for civil society organisations to link a exist. Mannya said at some point there will have to Naidoo presented two possible scenarios for the legal strategy to the streets and to the informal set- be an application against the district rather than With regard to the implementation of existing future: Either Africa will become the economic tlements, Naidoo stressed. “It is their political nar- the Member of the Executive Council for Educa- policies, Mannya said that there are good policies powerhouse of the future; or it will become a rative.” Reflecting on his experiences in COSATU, tion (MEC). and bad policies that have not been tested, al- failed continent, with young people serving as he said: “…we started by organising mine workers though the law requires government to evaluate child soldiers in widespread conflict, a rise in cor- who were illiterate, lived at the bottom. We co- Mannya expressed his disagreement with Nai- what it is doing. He said that detailed attention to ruption and resource wars, and domination by an created with them”. doo about the value of mass protest. He said that the auditor general’s report can reveal inconsist- economic and political elite. Marikana and the service delivery protests had encies. If, for example, a department cannot ac- Conference Address showed the dangers of this as a strategy. He said count for how much is spent on employees, this Comparing Africa to Asia and South America, by Modidima Mannya that what is needed is a dedicated team of peo- could mean that the correct number of teachers which have become successful trading blocs in ple who pick up the issues and look at what is real- has not been employed. the global economy, Naidoo cautioned that Af- ly happening. For instance, he said, when we talk rica must get beyond the notion of 54 countries about education in an area, we are talking about Mannya said that inadequate planning and non- in Africa acting individually. Regional integration a child, about a grandmother who is bringing up compliance are not restricted to the education and lack of infrastructure remain huge problem the child, and about a father in Marikana. sector; they are social ills. “If society itself does not on the continent, he said, and young people are want to comply, how do we hold government ac- not developing the necessary skills. A situation in Debates around the delivery of textbooks highlight countable?” he asked. which half of the young people coming out of the quantitative issues, Mannya said, but there are school have few skills and no jobs, and are unlikely qualitative issues that have to be dealt with such In summary, Mannya said that there are three ar- to experience the dignity of labour in their lives, as special education needs, and the needs of ru- eas to focus on: (1) Accountability and responsibil- represents “a time bomb in our country and in the Advocate Modidima Mannya served as Head of ral children. ity; (2) Ethical allocation of resources; (3) Transfor- continent,” he said. the Eastern Cape Education Department until his mation and change. resignation in April 2012. There has to be a plan, he stressed; there has to be Naidoo pointed out that using a legal strategy to a teacher teaching a child, and a classroom and enforce accountability is not new. COSATU and Education is one aspect of a child’s needs, Modi- a textbook, whether the model is right or wrong. the United Democratic Front used the law to cre- dima Mannya said, adding that the full protection He questioned whether litigation for norms and ate a foothold in terms of building the movement. of the child is an ethical concern. “Will a hungry standards would result in implementation. For 18 He said that the Constitution guides democracy child going to school, an abused child, a child years, he said, there has not been a government in the country and when constitutional rights are who has a drunk teacher, be able to get quality human resources plan for the education sector. not delivered, because of negligence and not education?” he asked. He said that it is one thing to talk about whether because there is not the money, for example in there is a mathematics teacher (at a school), but relation to your children’s right to have textbooks, He said that if the government says there will that the statutory obligation to produce a plan has what do you do? be a teacher in the classroom, and there is no not been met.

4 EDUCATION CONFERENCE EDUCATION CONFERENCE 5 “The big picture we are after is to advance education and rescue it from the hole it is in now”. – Mark Heywood

The speakers on this panel were Brahm Fleisch, Stu Formerly, the national curriculum policy provided Woolman, Mary Metcalfe and Johan Roos. Intro- for what was known as “additive bilingualism”, ducing the panellists, Mark Heywood said that in whereby the majority of children in the school sys- the education system management and adminis- tem would begin learning in their home language, tration are major weaknesses. and at the end of Grade 3 would move to an ad- ditional language, generally English. The policy Impact of Curriculum was that children would establish literacy in their Assessment Policy first language, and this would be used as a plat- Statements (CAPS) on form for them to learn an additional language. first additional There has been a significant shift in policy since language teaching the introduction of a “parallel bilingualism policy” A presentation by in 2011. Brahm Fleisch and Stu Woolman The official policy now is that in the foundation phase a child has to learn four subjects: Home language, first additional language, mathemat- ics and life skills. Brahm Fleisch attributed the high failure rate in Grade 4 to the fact that many chil- dren were unprepared to study all their subjects in English.

In schools that have isiZulu or Xhosa as the lan- guage of instruction in Grades 1, 2, and 3, the new Brahm Fleisch is Associate Professor in the Division policy is not really a problem (since most of these of Education, Leadership and Policy Studies at schools have chosen English as the first additional the University of the Witwatersrand’s School of language); however there are a small number of Education. schools that currently use English as the home lan- guage in the foundation phase, and that decided to have Afrikaans as the first additional language.

These schools (in particular the teachers) argued that the schools did not have the resources to teach African languages as first additional lan- guages. One argument was that children who did African languages often did not do as well in mat- IMAGE Courtesy of ric, and that parents could not support the learn- WITS WEBSITE ers adequately. This was despite the fact that in some of these schools, significant numbers of the Panel 1 Professor Stu Woolman holds the Elizabeth Bradley children were first language Xhosa speakers or isi- Chair of Ethics, Governance and Sustainable De- Zulu speakers. In schools across the country, as di- LEARNING SUPPORT MATERIALS velopment at the University of the Witwatersrand verse as Bramley Primary and King Edwards School, Graduate School of Business Administration, and there are contestations about these policies. Academic Director, Colloquia and Research, of the South African Institute for Advanced Consti- Stu Woolman focused on the legal issues, using the tutional, Public, Human Rights and International Ermelo case as an example. He said that the case Law. brings to a close a long line of racial exclusion cas-

IMAGE Courtesy of Benny Gool 6 EDUCATION CONFERENCE EDUCATION CONFERENCE 7 es based ostensibly on linguistic concerns. It also School textbooks ures). She said that the process of learning math- where the breakdown takes place. A legal strat- provides a fairly clear reading of the South African and workbooks ematics is cumulative. If the textbooks are not egy must be based on an understanding of the Schools Act that gives heads of department the A presentation by there; if the curriculum is not covered; what are processes and of existing capacity. The court can power to withdraw powers from school governing Professor Mary Metcalfe the chances of a learner catching up? then clarify where capacity has broken down, bodies over such things as language policy. He and the remedy can be targeted appropriately. referred to “collateral irony”, a phrase coined by She said that the problems of the failure to deliver Chief Justice Moseneke, meaning the absence of the textbooks had led to the department instituting With all interventions designed to hold govern- attention to mother tongue instruction in a large a workbook project. They now supply workbooks ment to account, communities themselves also number of South African schools (whether primary, (a collection of worksheets) in numeracy and liter- have a responsibility. They can contribute to the secondary or tertiary), which has had the effect acy, from the Department of Basic Education. This solution to the textbook problem by ensuring that over time of keeping black South Africans in the IMAGE Courtesy of is an attempt to compensate for the weaknesses textbooks are cared for, cherished, and brought position of second class citizens. Woolman said SHAKING THE TREE of textbook delivery. Metcalfe said we need to back to the community. that the Chief Justice is inviting a new line of litiga- PRODUCTIONS ask if the textbooks are there; if the workbooks are tion. The question is how to go about addressing is- there. Then following on from that is the question of Needs of children sues such as language and language policies which Professor Mary Metcalfe is the Lead Sector whether or not they are being used. with disabilities place some learners in a second class position? Specialist, Social Development, at the A case study by Development Bank of South Africa. The budget, the procurement system and the role Johan Roos Woolman referred to a series of constitutional rights of the community are key issues that determine which commit South Africans to equal citizenship: Textbooks are a primary influence for children, and the delivery of textbooks, Metcalfe said. Section 6, which says the state has an obligation also a key pedagogical tool. Mary Metcalfe said to promote those languages which have been his- that there are parts of South Africa where there Budgetary limitations have made it necessary for torically diminished and those communities which are amazing things happening in terms of the no- textbooks to be recycled from year to year. Every have had their languages historically ignored; tion of text in which children are told that there is textbook has a three-year lifecycle. A child gives Section 9, which says it is unfair to discriminate on a variety of information and are helped to adju- the textbook back at the end of the year and it basis of language; Section 10, regarding dignity; dicate between them. However in the main, ac- is given to another child. Metcalfe highlighted and community rights to speak in those languages cess to the rudimentary text, which is the first step the huge administrative load of implementing this which give our lives meaning. towards negotiating content and understanding strategy. that contestation, is a challenge. The percentage Johan Roos is a human rights lawyer. Previously These rights give a normative baseline from which of learners that have access to the required text- Regarding procurement, currently the policy is Director of the Grahamstown office of LRC, he to choose a first additional language. In addition books and workbooks for the entire year in South that the department approves eight textbooks currently works for the South African Revenue the doctrine of “meaningful engagement”, used Africa is 64%. Countries such as Botswana and per subject. Schools can chose from these eight Service as an Interpretation and Ruling specialist. by the court in a number of socio-economic rights Mozambique, which have a lower gross domestic textbooks. The schools order the textbooks and cases, allows parties concerned - and other inter- product than South Africa, have more access to then there is the massive logistical exercise to get Johan Roos spoke about his blind 11-year- old ested parties - and interested government officials textbooks. the books in the right numbers and the right lan- daughter, Collette, who attends a school around - to work out for themselves what the optimal out- guages to 25,000 schools. Not surprisingly, the fail- the corner from the family home. Government come might be for the problem of language poli- Metcalfe showed a graph indicating the distri- ures in delivering textbooks are multiple. policy allows for this. When Roos and his wife first cy at a given school. Fleisch said that if this model bution of functional illiteracy and numeracy by Then there are the challenges of retaining text- sought permission to send Collette to this school, is used over a period of time then every case in country and province, and pointed out that there books in schools; of introducing proper account- the school refused to admit the child because which a settlement is ratified will fill out the norma- is a correlation between access to textbooks and ing systems; and of involving communities in ensur- they said it was too much of an imposition on the tive content of the rights in question. how learners are performing. ing that textbooks are brought back. teachers at the school. At this stage Collette was doing quite well at a school for special education In terms of curriculum coverage, Metcalfe said Metcalfe said that in aiming to use the courts to needs so the Roos family decided to keep her that the amount of the mathematics curriculum explore the accountability of the state to the peo- there for the time being. The next time they ap- covered in the best learner’s workbook in Grade 5 ple, the critical question a lawyer will always ask plied, Roos consulted the Department of Educa- was 11.8% in the Eastern Cape, 18.2% in KwaZulu- is: What is the remedy? She said that identifying tion (DOE), who sent a representative to have a Natal and 34.5% in the Western Cape (2009 fig- the remedy requires a detailed understanding of friendly chat with the principal of the school. As it

8 EDUCATION CONFERENCE EDUCATION CONFERENCE 9 turned out, the principal had been in favour of the Learners were required to label certain parts of a • The DBE workbook and list of approved titles child’s attendance at the school all along. diagram of the digestive system. Collette was as- indicates recognition of the need to go back sisted by a woman at the school who volunteered to systematic instruction after many teachers Roos said that this was the last time the depart- to read the paper for her. There was no expertise had misunderstood the injunction to be ma- ment did anything for Collette. The school cannot to assist her in terms of how to understand the terials developers. They saw it as permission to possibly provide textbooks for Collette in the way sketch she was supposed to label. Roos said there select what they felt comfortable with. that it provides for other children at the school, is no coherent policy to deal with a situation like • Teachers must be supported to make deci- Roos said. So the family produced the materials this, so you have to make a plan yourself. sions and use resources, but educational for Collette. Roos questioned how a parent who strategies have to be appropriate to the does not have his level of experience manages. Roos said that Collette has still not received that South African context. He said it may be that the state is not reluctant, part of the test that deals with the digestive • Non-nationals who have asylum status have and is happy to deliver, but the state has not ap- system. It was sent to the old school. every right to access to education. plied its mind to how it will deliver on the policy for • Teachers’ right to organise must not be children who are blind, or even for children who Discussion turned into a problem; the basis of engage- are dyslexic, and there are many more than one Mark Heywood noted that despite good inten- ment with trade unions should be mutual ac- would think. tions and a policy and legal framework, our right countability. to basic education translates into the reality that • Many schools do not have the wherewithal He said that the idea seems to be that special some learners have the right to basic education to provide the materials and hire an addition- needs education should be provided by special as long as they are sighted, speak English and al teacher (for second language teaching); schools, although this is not government policy. Afrikaans and live in certain provinces. He invited there is also a whole network of institutions There is no planning for passing on skills to the next questions and discussion. that limit the capacity of schools to imple- generation of children. ment language policy. A summary of key points • The language environment is extraordinarily At the moment, Roos said, special needs schools • If the department approves eight textbooks complex. Teaching mathematics in English must produce materials in-house. Roos pointed per subject and there are twenty-four schools may make sense in Gauteng but this is not a out that there are two printing presses that provide for the blind, how will the government de- national solution. Braille in South Africa. One belongs to the Western velop a coherent plan to produce enough Cape Education Department, which is reluctant to books and also give the schools free choice Concluding comments produce materials for learners in other provinces. about which books to use? Heywood said that the government and the un- The other printing press is located at the Depart- • It is quicker to produce textbooks if the elec- ions are two large forces to reckon with, but that ment of Arts and Culture in Johannesburg. It has tronic text is made available but publishers forums like this start to raise the power and voice of nothing to do with education, and produces liter- are uncooperative. the other stakeholders: the learners and the SGBs. ature for adults. Books are produced for schools on • Individuals at community level may be willing He said that the aim is not to enter into a confron- an ad hoc basis, but there is confusion about what to give up their time to a personal issue that tation but to say: “We will assert our rights as you capacity exists, who pays for it, and how it is used. has broader social implications if they can will assert your rights.” “The big picture we are af- see a goal. ter,” Heywood said, “is to advance education and Everyone is aware of the problem, Roos said, but • It is one thing to have children in the class- rescue it from the hole it is in now”. there are many competing interests involved in a room, and another to be able to see that potential solution. Attempts to solve the problem what is happening in the classroom is em- He said it would be a good idea to try and repli- mainly come from community organisations like powering. cate this kind of conference closer to communities the National Council for the Blind. • The Ermelo victory communicates that SGBs with the aim of finding solutions and empowering (School Governing Bodies) may not behave people concerning their rights. Elaborating on Collette’s challenges, Roos said in a discriminatory fashion when it comes to that she had written the Natural Science exam learners. the previous week. The exam included a question • Doctrines like “meaningful engagement” re- for eight marks out of sixty on the digestive system. quire an active citizenship.

10 EDUCATION CONFERENCE EDUCATION CONFERENCE 11 “Sexual violence against pupils appears to be a pandemic in this country.” – Mark Heywood

This panel was chaired by Boni Meyersfeld. the community itself is violent and often children are The speakers were Tinka Labuschagne and acting out what they have learned at home. Ann Skelton. Labuschagne referred to numerous cases of vio- Introducing the panel, Boni Meyersfeld said that lence and abuse: Children get raped on their way impediments to education are not only conditions to school or perform sexual favours in exchange for such as sanitation, access to textbooks, etc., but a free ride to school; children are sexually abused also sexual abuse, violence and sexual violence. by teachers; and children are the victims of perpe- She said that an important component of this is trators of violence and sexual abuse at home and that learners being subjected to violence by edu- at school - from foundation level to matric. Disa- cators or peers are forced to be at school. Gov- bled children are particularly vulnerable. ernment has a specific role in this. It compels indi- viduals to be in a certain location and then fails to According to Labuschagne, juveniles are responsi- protect them in that location. ble for more than a third of sexual offences against minors. In these cases the average age of offend- Sexual violence ers is 12 - 14 years, and the average age of victims A presentation is 10 years by Tinka Labuschagne Child pornography is also prevalent, Labuschagne said. The fact that nine out of ten children have cell phones has opened up a whole world of what she described as pornography and cyber-bully- ing. Labuschagne deals on a weekly basis with cases of learners sharing and selling clips of “baby porn, child porn, and adult porn”.

There are many incidents of children taking por- nographic photographs of themselves and others; Inclusion specialist for the Department of and sending them to friends over cell phones. Ex- Education. amples given were of learners who take pictures of their private parts or film themselves and friends An average of 23 to 24 cases of violence and masturbating at home or at school; and film friends sexual abuse are reported every week, according having sex or inciting violence or bullying. These to Tinka Labuschagne, who is responsible for crisis pictures are forwarded to friends on cell phones. intervention in 233 schools. High prices are paid for porn videos and photo- Labuschagne showed three short video clips tak- graphs of children, especially child porn involving en with concealed cameras at different schools. children in school uniform. “There is a huge mar- Panel 2: Two of the clips showed extreme violence be- ket,” Labuschagne said, “and the younger you tween learners; the third clip showed two learners are, the higher the price.” She added that there SEXUAL VIOLENCE AND SAFETY engaging in sexual activity on a staircase. are sites where if your picture gets 20,000 hits, you get R37,000. She showed a picture of a schoolgirl Describing the pervasive phenomenon of sexual sitting behind a desk, with her shirt open, showing violence against children, Labuschagne said al- her breasts, as an example of the kind of pictures though that there is a lot of pressure on schools to do that are being sold. Parents are also involved, ac- something to address sexual abuse and violence, cording to Labuschagne.

IMAGE Courtesy oF ANNEtte REED 12 EDUCATION CONFERENCE EDUCATION CONFERENCE 13 Labuschagne described graphic sex letters written In October this year the government announced its cases (this would obviate the register problem), but • A child over 10 found guilty of abusing a by learners about teachers, which have been confis- intention to roll out the Integrated School Health Pro- that children must acknowledge responsibility. How- child has to go through a disciplinary hearing. cated by the department; and told of learners who gramme (ISHP), which allows for school nurses and ever, children can still be arrested, taken to a police A child under 10 receives counselling. had been found with the date-rape drug Rohypnol, other professionals to provide the non-judgmental station, asked to make statements, and interviewed • Non-governmental organisations (NGOs) that and a video that was circulated at one school of a delivery of counselling, information and sexual and by probation officers, prosecutors and magistrates. have traditionally offered psycho-social support Grade 8 pupil being sexually abused while drunk. reproductive health services to adolescents. ISHP is have run out of funds. based on the premise that the provision of services to Skelton said that the contradictions in the law relate • Parents are intimidated by lawyers at discipli- Disturbing current trends highlighted by Labuschagne children actually delays sexual activity. to the classification of consenting sexual activity as a nary hearings. include children being filmed, often on cell phones, sexual offence, and the obligation to report. Section • SGBs lack knowledge, expertise, and resources, while having sex, exchange of sexual favours for gifts Skelton said that the progressive approach towards 54 of the SOA says “A person who has knowledge and confidentiality is an issue. of hair products, jewellery and clothing; children be- children’s sexuality promoted by ISHP is compatible that a sexual offence has been committed against a • The closure of the Child Protection Unit has left ing “sold” to friends or swapped to pay off debts; and with the approach in the Children’s Act. It recognises child must report such knowledge immediately to a a gap. Untrained social workers, teachers and the teenage pregnancy crisis in schools. that children go through different phases to gain au- police official.” Failure to report is a criminal offence, police take statements from children. tonomy, and that they must be involved in decisions liable to a fine or five years in prison. • Moving a child with behaviour problems from Labuschagne said that workshops with school prin- made that concern them. one school to another creates new problems. cipals to inform them and equip them to deal with This obligation clashes with the ISHP, because if coun- • The role of a good educator in a school should the problems have been a positive development. Section 134 of the Act provides for children of 12 selling or reproductive health services are discussed, not be underestimated. As to the way forward, Labuschagne stressed the and older to have access to condoms and requires children will obviously disclose sexual activity, and the • The law allows children to make decisions with- importance of cameras in schools; education for girls that condoms are provided to children who request requirement in terms of the ISHP is confidentiality. out assistance from parents. In terms of the Sex- about gender issues; making schools safer for chil- them, wherever they are sold or distributed free of ual Offences Act, children are viewed as sexual dren; and the value of multi-skilled teams. charge. Children of 12 and older can access contra- Ultimately these contradictions will have to be legally offenders. Parents do not come into it at all. ceptives after medical examination and are entitled resolved. In the meantime, the different pieces of • A school cannot take a decision without calling Sexual and reproduc- to confidentiality. legislation are at war with one another and give con- the parent to be there unless the parent is an tive health under the fusing messages to children: On the one hand they alleged perpetrator. (Seventy per cent of cases Sexual Offences Act - The Act also allows for children of 12 years or older to encourage children to use contraception; and on include incest). contradictions consent to HIV testing without parental involvement. the other children are told they are guilty of a crime if • In the event of an “acute case”, the principal A presentation by A child of 12 or older who is sufficiently mature and they engage in sexual activity. is required to inform the SBG; in the event of a Ann Skelton has the mental capacity to appreciate the benefits “chronic case”, the SGB is involved in a discipli- and risks can also consent to any form of non-surgical Discussion nary hearing. medical treatment. Boni Meyersfeld said that a whole world of abuse be- • Although the SOA is punitive, children are tween educators and learners had been revealed. protected by the Child Justice Act. The Sexual Offences Act (SOA) speaks an entirely She said that there were overwhelming issues to con- • Unions cover up for members involved in different language. It criminalises consenting sexual front in relation to human behaviour and what hap- sexual abuse. conduct (including kissing, fondling and petting) be- pens in our homes and in our schools. The other as- • There is no coordinated response from gov- IMAGE Courtesy of tween children who are between 12 and 16 years pect that is highlighted is how we respond as a state, ernment. PROF_ANN_SKELTON_ of age. In such cases, both (or all) of the children in- as a community, as an education department. She • Corporal punishment should also be part of SOUTHAFRICANHERO volved must be charged. noted a real need for interdisciplinary cooperation the debate. between lawyers and psychologists, etc. Ann Skelton is Associate Professor in the law If the sexual act involves penetration (which is broad- Concluding comments faculty at the University of Cape Town. She has ly defined), there is no “close in age” defence – for A summary of key points Boni Meyersfeld said: “The word used was “pan- worked as a human rights lawyer in South Africa non-sexual penetrative activity there is a two year • The number of cases that end up on the regis- demic” but I would argue that it is a war”. She for over 20 years, specialising in children’s rights. “close in age” defence. If a child is convicted, his or ters of offenders (in terms of the Children’s Act added that we have to “guard against a feeling her name is listed on the register of sex offenders. and the Sexual Offences Act) is very low. of helplessness, de-sensitisation and fatigue”. Ann Skelton said that ordinary non-pathological ex- • Teachers who are found guilty are referred to ploratory sexual interaction between young people Skelton said that the official line of the Department the South African Council for Educators; gener- is also happening in South Africa. of Justice is that they intend to “divert” most of these ally they are given lenient treatment.

14 EDUCATION CONFERENCE EDUCATION CONFERENCE 15 “...I am also disturbed by reports of poor learners being forced to pay school fees or face exclusion…” – Minister of Education, Prof Kader Asmal (2002). This presentation was given by Faranaaz Veriava. Further reforms included: Modidima Mannya was the facilitator. • The National Guidelines on School Uniforms in 2006 • An amendment to the norms and standards in 2011, whereby schools could apply for compensations with regard to learners ex- empted from paying fees

Veriava said a CALS/Social Survey study of a few years ago defined access more broadly than issues around enrolment, to include drop–out rates; the proportion of learners who repeat a grade or who Faranaaz Veriava is a public interest lawyer are not starting school at the right age; and those currently working as an independent researcher, who miss school temporarily for extended periods. and is reading for a doctorate focussing on the role of the law in education reform. • The study found that: • Poverty and poor socio-economic conditions “I am concerned about reports of inadequate have the greatest impact on learner reten- resourcing of many schools and the rising finan- tion at schools. cial burden for education that poor parents are • Learners from poor households are more likely expected to bear. My information suggests that ris- to be out of school. ing school fees and the cost of items such as trans- • Learners from informal settlements and from port; uniforms and books appear to be the main rural areas are more vulnerable to dropping contributory factors. I am also disturbed by reports out of school completely. of poor learners being forced to pay school fees or face exclusion…” - Minister of Education, Prof Household surveys over the past few years indi- Kader Asmal (2002). cate that the main reason why learners do not attend any educational institution is because of Faranaaz Veriava explored unre- school fees; however studies such as that referred solved issues around access to to above show that the main reason for dropping education. out is not fees but stigma and differential treat- ment because of non-payment of school fees. In 2002, when the late Kadar Asmal was Minister of Education, he instigated a review of the fund- Veriava pointed out that there has been a dra- ing framework for education which resulted in the matic increase in attendance at no-fee schools 2005 policy reforms. since 2007. However, as far as educational out- comes are concerned, the better-resourced fee- The reforms allowed for: paying schools (Quintile 4 and 5 schools) generally Panel 3: • A shift from a provincially determined to a have better educational outcomes. nationally determined poverty quintile system School ACCESS • National per learner funding norms and mini- The 2011 general household survey (GHS) noted mum standards that only 5.9% of learners at these better-resourced • No-fee schools schools benefited from any kind of exemptions. • Exemption policy and anti-discrimination pro- Low uptake on exemptions has been attributed to visions to protect impoverished learners reluctance on the part of many of the schools to implement exemption policies.

IMAGE Courtesy of Daily Dispatch 16 EDUCATION CONFERENCE EDUCATION CONFERENCE 17 Veriava said that there is widespread ignorance • A lot of money is spent on personnel provision about the compensation amendments and only in the former Model C schools and there is not a fraction of the amount that should be given to enough redistribution. schools is being paid out. • Teenage pregnancies are an issue all over the world. The powers of SGBs have to be Studies by ACESS and the Institute for Democracy constrained. Access should also be looked at in Africa (IDASA), looking at the implementation of in all its forms - economic, gender, etc. the funding reforms, found that one of the biggest • The challenge is to see that all learners have problems is the inaccurate ranking of schools. access to quality education. • All provinces must be looked at in relation to In terms of secondary costs, Veriava said that the compensation for exemptions. CALS and Social Survey studies indicate that trans- • Resources in fee-free schools should be ex- port and uniform costs are greater barriers to edu- amined when campaigns are developed. cation for poor learners than school fees. Evidently the uniform policy has not been effective.

The impact of the 2005 framework on access is mixed. Where school fees have been removed as a barrier, enrolments have increased but costs still constrain the choices of impoverished learners.

Possible areas to integrate into current advo- cacy are: • Quintile rankings • Norms and standards for transport • Legal challenges around issues such as ex- emption policy • Legal literacy on exemptions, compensation provisions and uniform guidelines • Research to assess the impact of compensa- tion amendments.

Discussion Introducing the discussion, Modidima Mannya said there are so many reasons why children can- not access schooling. In some crime-ridden areas it is too dangerous for children to walk to school.

A summary of key points • Due to changing demographics, schools that should be classified as non-fee, paying schools remain at quintile 5. • Officials are supposed to know policies but they do not, so there is much room for public awareness. • The issue is not to change the quintile system but to widen the net for non-fee paying schools. AMASANGO LEARNERS 18 EDUCATION CONFERENCE EDUCATIONIMAGE CONFERENCE COURTESY OF19 LRC • Parental workshops have been initiated to A summary of key points capacitate parents to help their children to • The GDE has a school evaluation unit that read and count. evaluates every school within a set number • The realignment of the GDE District structure of years, and makes rapid assessments as has been introduced to support schools. required. The GDE wants to make sure that • 4500 foundation phase teachers, 4,000 litera- the curriculum gets rolled out and that all the cy teachers for Grade 4 - Grade 7, as well as processes of internal assessment are being over 450 coaches (one for every six schools) properly implemented by schools. have been recruited by the GDE. • The Annual National Assessment (ANA) tests Panel 4: have given the department a background Speaking about the tensions concerning former of information about what children are strug- IMPROVING EDUCATION Model C schools, Creecy said that the GDE has gling with in mathematics and in literacy, etc. brought the learner/educator ratio down from • Children are being tested in every grade in IN GAUTENG 1-38 to 1-33. In former Model C schools, where every school in the province. SGBs pay for teaching posts to ensure that there • Education is littered with pilot programmes are not more than 20 children in a class, there is but to solve the problem you must fix 1200 a reluctance to allow the Department to place schools, not 40, so pilot programmes are not more children in those schools. used. A presentation by • All no-fee schools in Gauteng get the same • In relation to the matric pass mark, the MEC MEC Barbara Creecy level of subsidisation and all the fee paying Another challenge is that 69% of former Model C said there are many areas of employment schools are funded at the quintile 4 level. schools fall into the category of top performing where a school leaving certificate is all that About 400 schools have applied for no-fee schools, whereas only 18% of “township schools” a student needs. status, at the invitation of the department. fall into that category. Twenty-one per cent fall • There are 105 special schools in the province • The department has an allocation for com- into the category of moderately performing and and the GDE is working on trying to ensure pensate schools with regard to learners who 62% fall into the category of underperforming. that in every township there is a full service ask for fee exemption. Of the 2,300 schools in Gauteng, 1,183 (approxi- school that is accessible to learners with IMAGE Courtesy of • The GDE provides a hot meal every day for mately 1200 schools) fall into the underperforming special needs, and has remedial classes (for GALLO IMAGES over one hundred million learners. category. children with dyslexia, etc.) At the moment THENEWAGE.CO.ZA • Transport is provided for 62,000 children who remediation is only available in suburbs and live more than five kilometres away from a On the introduction of CAPS, Creecy said that a the aim is to make it available in townships. Barbara Creecy is MEC for Education in the school. recent development is that the skill needs in our • Approximately 75% of the GDE budget is Gauteng Province. She has a Masters Degree • In 2012, 35 new schools opened in the prov- economy are not being met. She said that almost spent on personnel in Public Policy and Management from the ince and 3,500 mobile classrooms were sup- two-thirds of children are leaving primary school • There are five main SGB formations in the University of London. plied. without being able to read and write and do ba- province and some smaller ones. The GDE • In 2010 the department set up a series of sic arithmetic. With CAPS, children start in Grade has a forum of SGBs to help the Department Barbara Creecy gave an overview of some of matric camps and the matric pass rate went 1 with what will later become the language of in- to mobilise parents for training of SGBs and for the Gauteng Department of Education’s (GDE’s) up. This year the department is working with struction. She said that in most township schools, parental workshops. achievements in the past 18 years in terms of in- learners in Grade 8 up to matric. English becomes the language of instruction in creasing access and achieving equity. She high- • A strategy to partner technical high schools Grade 4. From 2011 English was introduced in lighted the following: with businesses has been introduced in 40 Grade 1, so that by the time children get to Grade • The gross enrolment rate of the two million technical schools. 4, they will be functional in English.The proper learners in the province is currently 100% in pri- • An extra school support programme (in col- teaching of literacy in the mother tongue has also mary schools and 94% in secondary schools. laboration with the Department of Safety been introduced. • The 2014 target that 60% of children should and Security) has been implemented. have access to no-fee education has been achieved.

20 EDUCATION CONFERENCE EDUCATION CONFERENCE 21 “The right to education is a constitutional right...” – Commissioner Lindiwe Mokate

BY COMMISSIONER LINDIWE MOKATE, this include social and economic factors such as SOUTH AFRICAN HUMAN RIGHTS COM- poverty, low literacy, low levels of formal educa- MISSION tion, insufficient levels of education and insufficient school infrastructure.

The SAHRC has been monitoring the situation and trying to call to account in various ways all those responsible.

Commissioner Lindiwe Mokate was appointed to the South African Human Rights Commission (SAHRC) in 2009. She was previously Chief Execu- tive Officer of the SAHRC for more than seven years.

The Commissioner said that the right to education is a constitutional right and is not subject to pro- gressive realisation, or qualified by concepts such as availability of resources or reasonable legisla- tive measures. The Children’s Act and the South African Schools Act entrench the right to basic education. South Africa’s obligation to realise the right to basic education is also found in a series of human rights protocols that the government has committed to, including the Dakar Declaration and the South African Development Community (SADC) Protocol on Education and Training.

The South African Human Rights Commission has developed a Draft Charter on Basic Education which brings together South Africa’s international obligations and regional and sub-regional com- mitments. The Commission sees the Charter as a tool to facilitate ongoing monitoring and advo- Address cacy by creating a road map that the state is re- quired to follow. The Charter will be launched at the beginning of 2013.

Despite the existence of extensive protective mechanisms to ensure the right to education, access is hindered by bottlenecks, and basic service delivery is inadequate. Reasons given for

IMAGE Courtesy of LRC 22 EDUCATION CONFERENCE EDUCATION CONFERENCE 23 “You can put in place as many policies as you like but it will not make the school safer.” – Martin Prew

Zeenat Sujee facilited this panel. She said that for ment (EMGD) initiatives are dysfunctional. education to be a societal priority there has to be cooperation between SGBs, parents, teachers Without training, Matakanya said, SGBs are un- and learners. SGBs need to be empowered. able to formulate the policies needed to run a school properly. In underperforming schools that The speakers were Matakanye Matakanya, Martin are in financial chaos, with no school policies, un- Prew, Amiena Bayat, Rudwaan Arendse and Solly dermined learners and uninvolved parents are the Tshitangano (National Association for School Gov- outcome. ernment Bodies). Matakanya proposed that SGBs take it upon The relationship themselves to train members by demanding and between School utilising the budgets set aside for training. He also Governing Bodies and pointed out that failure to adequately imple- Heads of Department ment EMGD programmes constitutes a derelic- A presentation by tion of duty and could be litigated, according to Matakanye Matakanya Section 27.

Matakanye Matakanya is General Secretary of School Districts the National Association for School Governing A presentation by Bodies (NASGB). Martin Prew, Centre for Educational Development, Matakanye Matakanya said that according to Wits University the South African Schools Act an HOD is required to establish a programme whereby newly elected SGBs receive introductory training to enable them to perform their functions; and to provide continu- ing training to SGBs so as to promote the effective performance of their functions or to enable them to assume additional functions.

The HOD is also required to ensure that principals and other officials of education departments ren- der all the necessary assistance to governing bod- Martin Prew has been education director of Link ies in the performance of their functions in terms Community Development in the 1990s; director in of the Act. the National Department of Education responsible for school management and governance, and Matakanya noted that the legislation implies a co- districts and school safety, from 2002-2007; and operative relationship between HODs and SGBs, Executive Director of the Centre for Education Panel 5: but that this relationship is invariably adversarial. Policy Development. Currently he has a visiting fellowship at the University of the Witwatersrand School management, Matakanya said that in some provinces (Gauteng and runs an education consultancy based in and Western Cape), SGBs are receiving proper Pretoria and Uganda. training through institutions such as the Matthew governance, and teacher Goniwe School of Leadership and Governance in Martin Prew said that high performance districts Gauteng. In the remaining seven provinces, Edu- are critical to achieving broad-based access to support cation Management and Governance Develop- high quality safe schools.

Teacher and children and Kya Sands Community Chreche 24 EDUCATION CONFERENCE IMAGE COURTESY OF Annette Reed EDUCATION CONFERENCE 25 Prew said that the factors that make a school nipped in the bud very early if there is close rela- despite shortages and other constraints. Most of forming schools. This was attributed to the policy dysfunctional cause it to be innately unsafe. Ef- tionship with the district. A principal can be sup- these schools were set in socio-economic environ- of grade promotion which was resulting in learners fective management and effective governance, ported, coached or mentored to assist in running a ments where gangsterism, violence and poverty entering secondary schools without the necessary where children’s rights are better protected, school effectively and efficiently, he said. impacted on the performance of the learners. preparation for a more demanding curriculum. make schools safe places for children. Good Despite this, these schools were characterised by districts tend to spread good practice and thus Prew said one possible difficulty is that distances good leadership; good relationships between the With regard to the language of teaching and make schools into safer learning environments between schools and districts can mean that principal and management teams; clear policies learning, Bayat said that 62% of learners in under- for children. abuses can be propagated without anyone being and procedures; an orderly atmosphere; admin- performing schools cited their home language as aware it is happening. istrative staff who knew what to do; and children Xhosa, but they were being taught in English. This Prew argued that circuits (a division of districts), the who knew what was expected from them. contributed to grade repetition. closest level of assistance to a school, are ineffec- Underperforming tive because they have been denied resources Schools Type 2 schools: These are schools where there In all three types of schools, safety and security was and are often only staffed by one person. He said A presentation by was a general sense of apathy among the teach- an issue. Bayat said that because of the high lev- that if they were properly staffed they could have RudEwaan Arendse and ers and a weakly functioning principal, but a els of gangsterism and drugs in the Western Cape, an impact on all aspects of schooling. However, Amiena Bayat strong school management. she was not sure whether safety and security issues most funding and the best teachers go to the rich- could be addressed by improving leadership and er schools, while rural schools are generally under- Type 3 schools: These are schools where there governance. Partnerships between parents, the resourced. Prew said this is a key leverage point for was a lack of effective leadership and vision; a community and NGOs would help. improving socio-economic access and poverty lack of discipline and accountability; very poor alleviation. synergy between the School Management Team A combination of poor amenities, unprepared and the principal; and a detachment on the part learners, overcrowded classes, and overbur- He said that an Education District Policy is being of leadership from the fundamental task of teach- dened teachers contributed to learners dropping developed.The policy sets norms and standards ing and learning, which had disastrous conse- out in Grade 8 and 9. for circuits and districts, with a maximum of 30 quences for the learners. schools per district. Delegations are also estab- Recommendations were: lished in each district and there are built in trans- Amiena Bayat is a lecturer in the Department of The researchers produced a series of papers look- • Rethink the grade promotion policy. parency measures to ensure that everyone knows Economics at the University of the Western Cape. ing at management issues; the quality of learning; • Improve the quality of education at primary what delegations a district has. the leadership triangle (the SGB, the principal and school level. Rudewaan Arendse is a researcher and lecturer the School Management Team); and curriculum • Introduce an external Grade 7 exam to de- Prew said that size, competency levels of officials, at the University of the Western Cape. delivery. termine whether learners are ready for sec- and appointments are critical. Districts should not ondary school. be a dumping ground for favourites or for people “You can have a highly effective institution, but if Bayat said that even though 82% of schools had that schools or departments want to get rid of. we cannot reach and change... the socio-eco- functional SGBs, many of them lacked capacity, Rudewaan Arendse said that the team visited oth- Districts are the most critical level in the system, he nomic circumstances of children in our communi- with low levels of literacy and little formal educa- er provinces and other countries to gather ideas stressed. He said that the National Schools Project is ties then it is very difficult to change the educa- tion. Unlike SGBs at former Model C schools, the on how to tackle the many school-based and foregrounding the role of districts and will be mod- tional outcomes.”- Amiena Bayat parents serving on the SBGs had no resources or non-school-based problems. A core recommen- elling how districts can support effective curriculum contacts to contribute to the school. dation is for the establishment of privately funded, delivery in schools. He commented that there are Amiena Bayat reported on a survey of 12 under- non-profit foundations that are not accountable some scandals focusing attention on the district performing schools in the Western Cape (schools The teachers in underperforming schools were not to government. The board of these foundations failings, some of which are leading to litigation. with a matric pass rate of less than 60%). necessarily teaching subjects they had received should consist of private sector representatives, training for. Close to 30% of mathematics teachers donors and related constituencies. The My School Without districts, Prew said, good schools tend to Three different kinds of underperforming schools had received no training in the subject. In physi- initiative offers an example of how this can work. be oases of high performance and the high per- were identified: cal science, 33% had received no training in the formance is not extended to other schools. A dis- subject. Facilitators employed by the foundations will work trict can ensure that all children are in school and Type 1 schools: These are schools that are de- with the underperforming schools to set up re- get a high quality education. Problems can be livering the best possible education to learners Grade repetition was a key problem at underper- sources and address the educational challenges.

26 EDUCATION CONFERENCE EDUCATION CONFERENCE 27 SollyTshitangano FM.co.za

Financial Tshitangano drew attention to the percentage of age the infrastructure. Four companies put in ten- Concluding his presentation with a caution, Tshi- Management provincial education budgets spent on personnel, ders: Aurecon tendered R95.7 million, ARUP 26.7 tangano said that poor financial management A presentation by and noted that most provinces leave very little for million, SSI Engineers 50 million and Nyeleti Consult- leads to crisis, bankruptcy and poor service deliv- Solly Tshitangano anything else. ing 36 million. The Bid Evaluation Committee, the ery – Limpopo Province is a good example. Bid Adjudication Committee, and the accounting In Gauteng, where only 74% of the budget is spent officer appointed the first bidder – Aurecon- at a A summary of key points on personnel, the province had more money than cost of R95 million. • SGBs are not allowed to chase principals out any other province to spend on other resources. of schools, but parents get frustrated when Tshitangano gave another example where four they follow the normal channels and never REFER TO TABLE BELOW companies had put in bids for mobile classrooms. get a response. The unit costs for the classrooms varied from • Sometimes a principal is charged at provin- IMAGE Courtesy of Limited resources have to be managed properly R159,000 to R197,000. Again, the Department cial level, but because he is politically con- FM.CO.ZA to avoid a crisis, Tshitangano said, and this includes awarded the contact to the highest bidder be- nected, the community cannot remove him. the management of resources ranging from daily cause of inadequate planning. • The law dictates that SGB members have to Solly Tshitangano has a background in account- cash management through to the formulation of be trained. This training is also supposed to ing, auditing, management accounting and long term financial objectives, policies and strat- With regard to the textbook scandal, Tshitangano enable them to find a job after they leave the taxation. He has lectured at the University of egies in support of the strategic and operational said in that the past the Department would have SGB. The people who are supposed to offer Venda and worked for the Mpumalanga govern- plans of the department. received a discount for the textbooks (in this case training but fail to do so should be charged. ment as manager of the Integrity Management it would have been R32 million) but because the • SGBs must be empowered to insist on know- Unit in the Office of the Premier. Most recently he He questioned the wastage of resources in Lim- service was outsourced, the R32 million has gone ing how much money has been allocated for worked as the General Manager of Finance in the popo, citing an example in which the Education to the service provider. training and ensure that it is spent on training. Limpopo Department of Education. Department had appointed a consultant to man- • Corruption must be fought at every level and Tshitangano said that human resources, procure- all players must get involved – from SGBs to ANALYSIS OF PERSONNEL BUDGET PER PROVINCE - 2012/13 BUDGETS ment, risk management and financial resources political leaders. are all elements of resource management. With • There is an increased need for local account- PROVINCE TOTAL BUDGET PERSONNEL BUDGET % PERSONNEL regard to human resources, he said, posts are cre- ability. ated to boost political support, without giving at- • The promotion policy in primary schools 000 000 tention to competency, despite the high cost of has resulted in learners entering secondary EASTERN CAPE 26,287,986 21,337,246 81.17% personnel. As a result, the amount of money avail- schools without the necessary competen- able for other resources, such as textbooks and cies, so they drop out. FREESTATE 10,044,709 8,054,391 80.19% new schools in Limpopo, is diminished. • The biggest reason for dropouts is over-aged GAUTENG 27,150,751 20,099,334 74.03% learners. Primary school teaching is to blame, When it comes to procurement prices, Tshitanga- not the retention policy. Learners are not get- KWAZULU-NATAL 34,764,633 26,325,100 75.72% no said they are generally inflated, and evaluation ting the teaching they need to be able to LIMPOPO 22,126,035 18,409,066 83.20% criteria are ignored. cope with secondary school. • There is too much focus on the matric exam MPUMALANGA 13,983,862 10,980,130 78.52% Poor financial management by oversight commit- and not enough on the primary school level. NORTHERN CAPE 4,197,323 3,197,761 76.19% tees such as SGBs is another factor, Tshitangano highlighted. He gave an example of a school NORTH WEST 10,872,212 8,348,820 76.79% principal who was given a blank cheque to buy WESTERN CAPE 14,229,057 10,733,920 75.44% bricks in 2009, but he spent the money person- ally. The finance officer at the school did not pick TOTAL 163,656,568 127,485,768 77.90% it up. It was discovered by the Department much FIGURES RELEASED BY NATIONAL TREASURY ( FIRST QUARTER PROVINCIAL BUDGETS AND EXPENDI- later. “Why did the SGB not notice the irregularity?” TURE REPORT - 30 JUNE 2012). Tshitangano challenged.

28 EDUCATION CONFERENCE EDUCATION CONFERENCE 29 “Many of the issues that we are grappling with today are the results of previous reforms.” – Ursula Hoadley

The facilitator of this panel was Monica Hendricks. a move away from generic skills together Panellists were Nicholas Spaull, Zukiswa Kota and with the abandonment of OBE. Ursula Hoadley In the National Curriculum Statement there were Transformation of fewer learning areas, reduced integration, less content/curriculum horizontal integrations and more assessment. development Hoadley said that the problems that had been A presentation by identified with OBE remained, particularly the ge- Ursula Hoadley neric specification rather than a focus on the spe- cialised requirements of a subject.

There was then a call for a knowledge-based cur- riculum. The shifts in the curriculum result from a dif- ferent notion of social justice and access. Curricu- lum 2005 was about the affirmation of the learner and the notion of citizenship. The idea of social justice in the CAPS reform was about some of the issues around access to meaningful and power- ful knowledge which transcends local knowledge Dr. Ursula Hoadley is an educationalist with the and can be used by children to change their world. School of Education at the University of Cape Town. Her work on pedagogy, curriculum and Hoadley said the CAPS curriculum is a much more schooling at primary level has been published clearly spelt out curriculum with a strong pacing extensively. for teachers. There is a move away from a generic to a specialist mode with an emphasis on text- Many of the issues that we are grappling with to- books as a resource for learners and teachers. day are the results of previous reforms, according to Ursula Hoadley. She said it is all very well to go back to content but the fragmentation of learning is a danger. She said that the apartheid curriculum was a white Students need to get a sense of the whole or else core curriculum which was adapted for other de- they will get lost. partments. Fundamentally it was content heavy, based on an authoritarian pedagogy, and was Teachers can give students a sense of the whole, Christian based. Post-apartheid reforms were a but their map of their subject is absolutely critical response to this. and so are quality textbooks.

Curriculum 2005, launched in 1997, focussed Testing is a good thing but the way in which tests on the personal holistic knower, the kind of citi- are constructed to determine the impact of Panel 6: zen the new South Africa wanted to produce. teaching and learning in our schools needs care- This led to the adoption of Outcomes-based ful consideration, Hoadley concluded. Changing education content Education (OBE). A subsequent review pro- duced the National Curriculum Statement, and here there was an increasing empha- and process sis on what was to be learnt. Then 2012 saw the implementation of the CAPS Curricu- lum, with a strong focus on knowledge and

AMASANGO LIBRARY 30 EDUCATION CONFERENCE IMAGE COURTESY OF LRC EDUCATION CONFERENCE 31 Weak content knowledge Spaull said that research shows that there is hardly that almost 25% of teachers in the Western Cape; foundation phase is where the basics are taught. amongst teachers and any dropout between grade 2 and 10, but that 50% of teachers in Limpopo; and 75% of teachers This is where the foundation of learner retention teacher performance there is a large dropout rate between grade 10 in KZN were absent for a month and as many as and cognitive development takes place. improvement and matric. He said the standardised assessment 12% of teachers in the Eastern Cape were absent A presentation by in matric contributes to this. for two months this year. Most absenteeism is on a Kota said that community-based ECD centres can Nicholas Spaull Monday and on a Friday. range from a back yard, to community centres, to pri- In 2009, out of the 100 children who started grade vate and commercial buildings. There are also different 1, only 28 passed matric, and in 2011, only 38 out of Conclusions noted by Spaull were degrees of state support. Some community-based cen- 100 passed. Spaull said that in 80% of schools only • Below basic teacher knowledge is a binding tres are subsidised while others are donor funded. 1% of learners will pass matric and obtain a “C” or constraint. If teachers still have below basic higher, which is what you need to study a math- content knowledge then student outcomes The speaker said that the question of practitioner ematics or science degree at university. cannot improve. training is a concern. There is no support. Depart- • Teacher absenteeism is excessively high. mental support is also lacking in relation to central Teacher content knowledge, teacher absenteeism, • A teacher inspectorate should be considered. governance and leadership. and curriculum knowledge are on-going challenges, according to Spaull. He said that it is critical to talk to Early Childhood Kota said that community-based ECD centres suf- Nicholas Spaull is currently completing his PhD in the unions and the unions should be talking to the De- Development (ECD) fer from indifferent SGBs; lack of accountability; in- Economics at Stellenbosch University. He is part of partment of Basic Education and civil society about A presentation by adequate training in business planning and finan- the RESEP (Research on Socio-Economic Policy) professional development, developing standards, in- Zukiswa Kota cial management; inadequate budgets; unskilled team and also teaches a course on Economic creased content knowledge etc. He said it is not fair staff; and lack of social and other support from key Development Problems in Sub-Saharan Africa to to hold teachers accountable for things they cannot government departments. Lack of access for vul- second year international students at Stellenbosch do. Once they have been capacitated and they nerable children and the neglect of rural, vulner- University. He has been involved in a number of local can show that they can use what they have learned, able communities, are problems that persist. and international research projects revolving around they can be held accountable. the quality of education in South Africa and Africa. ECD remains peripheral at a provincial level. The A national study of 450 teachers found that ECD budget decreased in the 2012/13 financial Nicholas Spaull said that only a very small proportion mathematics teachers know statistically less than year despite a national commitment to the impor- of children in South Africa managed to reach the teachers in other African countries. The difference tance of ECD. In the previous financial year, there low international benchmark for mathematics and between rural and urban teachers is steeper for was under-expenditure in this programme, despite science, and in a study involving 15 African countries, reading and mathematics than in other countries. Zukiswa Kota is a researcher at the Public Service outlined priorities. There is a need to increase the South Africa came 10th for reading and 8th for math- These differences are more visible when you look Accountability Monitor (PSAM) in Grahamstown. number of ECD educators and to make a com- ematics, behind much poorer countries like Swazi- at the quintile functions for reading and math- mitment to ensuring that ECD is a priority. land, Tanzania and Kenya. Twenty-seven per cent ematics, according to Spaull. Zukiswa Kota said that despite the clear research of grade 6 students were deemed to be functionally links between foundation phase education and Kota concluded that ECD is recognised as impor- illiterate and 40% were functionally innumerate. What are the implications if only 38% of grade 6 performance in later years, there is a fixation on tant but is poorly governed through inter-sectoral mathematics teachers who are tested are able to National Senior Certificate results year after year, administration, and funding is inadequate. The dis- Spaull pointed out that the poorest 25% of students answer the questions correctly; and if the average and little attention is given to primary and second- juncture between policy priorities and fiscal com- in South Africa perform worse than the poorest for the fraction section of the teacher test is 30%? ary levels of education. mitment needs to be interrogated. 25% of students in Malawi and Lesotho. This means that even if ateacher imparts every- thing he knows, a learner will only score 30%. This is She noted that there have been some significant A summary of key points In the national school effectiveness study, sig- a “binding constraint.” If teachers are not able to positive changes in education over the years, such • Unions are on board with competency testing in nificant differences were found between former pass tests that learners are expected to pass, they as the school feeding scheme, but that overall finan- the Eastern Cape. black schools (Department of Education and must be trained, Spaull said. cial investment in education has been inadequate. • In ECD there needs to be a social worker pre- Training (DET) schools) and former white schools. sent to identify particularly vulnerable learners. Ex-DET black schools are still largely dysfunctional South Africa comes fourth lowest out of 50 coun- She said that children entering primary school in • ECD should ideally be intersectoral, but this is in terms of learning outcomes. tries in terms of non-strike absenteeism. Spaull said 2012 are the economically active of 2030. The not working currently.

32 EDUCATION CONFERENCE EDUCATION CONFERENCE 33 Adila Hassim facilitated this session, in which re- on 17 May 2012 Judge Kollapen held that the fail- ports on three cases were shared. ure by the Department of Basic Education (DBE) and the Limpopo Department of Education to Limpopo Textbooks provide textbooks to learners throughout Limpopo Summary of a report by Ntabi Pooe was a violation of the right to a basic education, (Section 27) dignity and equality. He ordered the DBE and the department to deliver textbooks to all schools in “A press briefing held in Johannesburg on Thursday Limpopo by no later than 15 June 2012 and said became a platform through which non-govern- that a “catch-up plan” must be formulated and mental organisation Section 27, two parents and a copy lodged with the court and the applicants Solly Tshitangano, the dismissed former chief finan- by 8 June 2012. cial officer in the Limpopo department of educa- tion, challenged the department to come clean Section 27 continued to monitor the situation and about textbook shortages in Limpopo”. - http:// a meeting was held with the Department. mg.co.za/article/2012-09-13-section27-challeng- es-department-to-stop-lying-about-textbooks The Department agreed to deliver textbooks by 27 June and promised that a catch-up plan would The textbook problem in Limpopo came to light be implemented. in January. It became apparent that principals and teachers Section 27 started communicating with the De- were being intimidated into signing for the receipt partment after visiting some schools in the Lim- of textbooks that had not been delivered. popo Province. The first letter was written on 19 February 2012. There were contradictory reports on where and whether textbooks had been delivered, so Section 27 The Department said in the first instance that deliv- decided to compile a report. This was made difficult ery would be completed by the end of February, due to communication problems in the province. then that it would be completed by mid-March, then at the end of March, and then at the end The judgment confirmed that the DBE had failed to of April. comply with two court orders. The court imposed a deadline of 12 October for final delivery of text- On 4 May, Section 27 and two other applicants, books for 2012. In addition, the court ordered that represented by the Centre for Applied Legal textbooks for 2013 be delivered to schools by 15 Studies (CALS), launched an urgent application December 2012. against the Minister of Basic Education and the Limpopo Department of Education in relation to Section 27 will be monitoring the situation in 2013. their failure to procure and deliver textbooks for learners throughout Limpopo. Halfway through SIGA Village Transport: Summary of a report by Zita Panel 7: the school year, learners from Grades R, 1, 2, 3 Hansungule from the Centre for Child Law (CCL), MONITORING WORK ON CASES and 10 were still without any CAPS textbooks. and Natasha Wagiet from the LRC In May 2012, textbooks for these learners had not “For nearly two years, the parents of school chil- been ordered and there was no indication when dren have requested government to assist in pro- final orders for textbooks would be made. viding transport for their children. For the learners of Siga Village, like many children in rural areas, not The application was heard on 14 May 2012, and having access to safe and affordable transport

IMAGE Courtesy of Daily Dispatch 34 EDUCATION CONFERENCE EDUCATION CONFERENCE 35 is a serious barrier to their right to access educa- the LRC realised that everything was not going built. More importantly, the department under- schedule. The Eastern Cape contractors who only got tion.” - http://www.lrc.org.za/press-releases/1544- well, they called a meeting to decide on the next took to spend R8.2 billion over the medium term. one or two schools have completed their jobs. 2011-08-11-press-release-lrc-secures-schools-trans- steps in the monitoring phase. port-victory Everyone was quite happy with the temporary In the mid-term budget it was reported that R7.2 Dr Skelton suggested that a paper trail should be classrooms. Construction began on the perma- billion was taken away from the programme over The case involved the provision of transport to the created in the event of possible further litigation nent buildings at different schools in 2011, and was the medium term. This means that it has not disap- Siga village in the Northwest Province after the so a letter was written to the state attorney asking supposed to be completed by August, but none peared completely, but because of under-spend- school closest to the children was closed by the about the status of the management plan, and have been completed yet. ing this financial year it has been withdrawn for the provincial department. asking what steps were being taken to address the next financial year and apparently redirected in problems with the bus. A reasonable time has been The seven schools were part of the Accelerated the province. This is of considerable concern be- This meant that learners had to travel at least 25 given for a reply. Now another letter is being written Schools Infrastructure Development Initiative (ASI- cause of the level of incompetency in the Eastern kilometres to another school. This resulted in chil- and the team is elevating the matter and holding DI) programme to build 50 schools. Only two have Cape Government. dren dropping out of school because their parents discussions on what to do at a provincial level. been handed over, while the remaining schools could not afford the transport costs. Some children should be completed in the coming months. A letter has been written to the Minister in the walked 25 kilometres to school and 25 kilometres The next phase will be to look at a transport man- Treasury for clarity on exactly what has happened from school every day. They were not supplied agement plan for the province. The funders want progress to be monitored, par- to the money that was taken away; when it will with alternate transport and were not told what ticularly progress with the 50 schools. They want to be given back; under what conditions; and how would happen to them. The lessons learnt from this case are: keep track of lessons learned, and how the pro- much will be given back. • It is important to put everything in writing; gramme was rolled out so that the rest of the pro- The Legal Resource Centre and the Centre for Child • Monitoring clients in rural areas with limited gramme can benefit. The person monitoring the situation believes that Law intervened in order to assist the community. financial resources is challenging; the decision about the money is positive because • A question arises about whether a settlement The new structures are a big change from what there are no contractors, material or capacity to In terms of the settlement, the Department of agreement should immediately be made an was there before. The schools are large and they roll out the programme as quickly as was originally Transport was required to supply transport to the order of court in order to force compliance. look good. Some people argue that too much hoped. There are about 300 other schools that still children; and a long-term fund was to be created money has been spent on a number of these need to be built over the next two years if the origi- to supply transport to the Siga village learners, and Mud Schools schools and the department could have provided nal agreement is to be adhered to, but at the mo- to other learners in similar situations. Summary of a report by the basics to all schools and then supplied libraries, ment this does not seem practical. Cameron McConnachie (LRC) administration blocks and library centres later on. The LRC is monitoring the situation through an at- This is a valid concern. The letter to the Minister in the Treasury also in- torney who has been visiting the village and meet- “This might not be a year to remember for Magoxo cluded a reminder to the Department of the set- ing with the parents. Primary School pupils who are taught under leak- Problems with implementation have included not tlement agreement which states that the matter ing roofs in overcrowded classrooms and even having enough bricks and corrugated iron; poor can be taken back to court on two weeks’ notice It is reported that the bus keeps on breaking down. forced to drink unsafe water ...” - http://www.dis- weather; bad roads; and access being difficult. to get a court order. The LRC is giving serious con- This often means that the bus will deliver the chil- patch.co.za/mud-schools-dilemma-haunts-ec/ sideration to this possibility. dren to the school but not collect them and take The LRC represented the Centre for Child Law and Planning has been poor from the beginning. There them home because it has broken down. The chil- seven communities in the rural Eastern Cape against has been a rush to spend the money. As a result Fifty schools are being completed now; another dren have to walk home. Parents are concerned the Eastern Cape Department of Education. contractors have not even visited a site before 50 are being built by Coega and the Department about what will happen during exams. If the bus they put in a bid and then, on winning the con- of Public Works. The Independent Development cannot take the children to school they will miss A case was launched in mid-2010 and settlement tract, they discover that the bid was too low and Trust (all this year) and the Development Bank of the exam, including the matric exams. was reached early 2011. they are struggling to finish the job. South Africa (DBSA) will be funding another four schools in the 2014/15 financial year. The remain- There is no management plan in place although this There were two parts to the settlement agree- Another problem is that too many schools projects ing 300 will probably not be built in this period as was supposed to have been formulated and given ment: The first was that the department would were given to one contractor. At first all the Eastern had originally been planned. to the LRC, the CCL and the parents on 8 November. supply temporary structures, water and furniture, Cape contractors were rejected in favour of con- for the seven schools involved, which would re- tractors from Johannesburg and Durban, which has It is problematic that the three implement- Towards the end of October, when the CCL and main in place until permanent structures were resulted in those contractors being the furthest behind ing agents – Coega, the Independent Devel-

36 EDUCATION CONFERENCE EDUCATION CONFERENCE 37 opment Trust (IDT) and the Departement of that is the reason for litigation. Public Works – have a different approach to • Part of the evidence put before the court items such as toilets. This is leading to further de- was not just about the mud schools but also lays and construction problems as the agencies about township schools where infrastruc- are not working together in terms of planning ture was poor. It was hoped that this would and conditions at schools. be addressed by the minimum norms and standards. Discussion • In relation to the Siga village case, there Introducing the discussion, Adila Hassim said were a number of meetings with parents while litigation has a very important role to play that form part of the SGBs as well as meet- it must be used as a tool only when necessary. ings with learners, and they were represent- ed in the case. She noted that in all three case studies the is- • There are follow-ups with the department sue of monitoring and the need to monitor the about what they plan to do (with reference outcome of cases was highlighted. Monitoring to transport for children in the Siga Village cannot be done by lawyers alone. SGBs have a case) so that a decision can be taken on critical role because they know what is happen- how to take the matter further. ing on the ground, and unions need to be able • The Presidential Task Team’s report was an to assist immediately. Hassim said the South Afri- important element in the Limpopo Text- can Democratic Teachers Union (SADTU) should book case and is important for everyone be the first to raise the red flag if there are no working in education. One of its recom- textbooks in schools. mendations is that there must be a clear national policy on learner-teacher sup- A summary of key points port material, and that the kind of anar- • The LRC represented the Centre for Child chy that exists where there is no control Law in the mud schools case. While the over procurement, monitoring, distribution, seven schools were important, the LRC also etc. must be resolved. Another recom- had the bigger picture in mind. mendation relates to national versus pro- • The worst of the mud schools in the Eastern vincial powers. Heywood said that it was Cape were chosen after visiting approxi- important not to let go of the Presidential mately 14 schools in 10 days. The decision Task Team. It is needed for advocacy and of which schools to choose was influenced litigation going forward. by whether or not the SGBs wanted to work with the LRC team. One of the reasons why the LRC did not litigate on behalf of the governing bodies was because these were seen as part of the school governance system, and there would therefore be a conflict of interest if they brought litigation against their employer. • In KwaZulu-Natal there is not as much liti- gation against the education department because the department does actually re- spond and try and sort out problems. The Eastern Cape department and national department simply do not respond and

IMAGE Courtesy of Daily Dispatch 38 EDUCATION CONFERENCE EDUCATION CONFERENCE 39 “…We are not harnessing the collective resources, advocacy and energy to shift the big issues in education.” – Patricia Martin

ADVOCACY FOR BASIC cult, such as children with learning and physi- EDUCATION cal disabilities; A PRESENTATION BY • How to deal with barriers such as school fees, PATRICIA MARTIN, ADVOCACY AID lack of documentation, school uniforms and transport; • How the curriculum and the learning environ- ment could be improved; • Improving access for marginalised groups such as children in rural areas and girls; • and how to improve the quality and avail- ability of ECD.

Respondents were asked to indicate their main activities from a list of advocacy options, and to Patricia Martin has a Master of Laws degree (in describe their strategic approach and methodol- pubic law) from the University of Cape Town. ogy for achieving outcomes. After practising as an attorney for a few years, she was director of the Alliance for Children’s Enti- They were also asked if they had worked with gov- tlement to Social Security (ACESS) for eight years. ernment, and if so, if they would work with govern- Projects she has been involved with since setting ment again. up her own consultancy include the development of the SAHRC’S Charter of Children’s Basic Educa- Martin said that there appears to be a great deal tion Rights. happening in a multitude of different areas, but nothing that unifies the sector strategically. “…We are not harnessing the collective resources, advocacy and energy to shift the big issues in edu- The majority of those who have worked with gov- cation.” Patricia Martin ernment (32 out of 34) said they would work with government again despite numerous challenges. A survey of advocacy initiatives to improve the A representative from Leadership in Development right to basic education in South Africa was un- expressed the general view: “I believe one HAS to dertaken on behalf of the LRC in order to gain work with government departments and support an overview of organisations active in the field of them to get education right. They are ultimately ECD and primary and secondary education with responsible and are the only agency with the re- a view to improving effectiveness within the sector sources to take programmes to scale.” and achieving common aims. How can the sector, through collaborative advo- Respondents were asked to identify the desired cacy, improve the working relationship and re- outcomes linked to educational weaknesses in duce challenges and frustrations in working with the current education system that they are work- government? Possible strategies highlighted by ing on. The survey focused on the key issues in edu- Martin were: mobilising to ensure the develop- cation at the moment: ment of a more coherent Memorandum of Under- • How to improve management; standing on how civil society deals with govern- • How to improve the quality of teaching and ment; and addressing issues in relation to the legal learning in underperforming schools; responsibilities and obligations of government in • How to improve the quality of learning for terms of responding to civil society. children for whom access is particularly diffi-

Children outside Masibi House facing eviction 40 EDUCATION CONFERENCE IMAGE COURTESY OF Annette Reed EDUCATION CONFERENCE 41 Common advocacy outcome areas in the sector where there is activity:

Martin pointed out that there is a lot of synergy, which indicates that collaboration across advo- cacy initiatives is a possibility. However, she ques- tioned whether energy is being focused strategi- cally enough. Conclusion She said that the question of how to use the infor- mation (from the survey) in order to move forward collectively needs further exploration. “We see litigation as having a catalytic effect in mands a collective effort. Heywood called empowering communities. We don’t just go in for the proactive involvement of all organisa- Overarching outcomes Totals and get out. We go in and we hope that we leave tions going into 2013. He said that LRC, CALS something behind that empowers people to be and other organisations will be placing ad- Improving educational management and/or governance 35 of 115 (30%) able to address their own challenges.” vertisements in newspapers asking schools - Mark Heywood and teachers to inform them if the books are Improving the quality of teaching and learning in underperforming 67 of 115 (58%) not in place. NASGB was encouraged to add schools Participants shared ideas on the way forward. its weight to the campaign. Improving access to education for especially marginalised children 42 of 115 (36%) Recommendations arising from the discussion • A campaign on sexual violence in schools were: (with SADTU and NASGB on board). Available Improving the content, quality and implementation of the curriculum 44 of 115 (38%) information should be reviewed so that any Improving the physical learning and teaching environment 56 of 115 (48%) • Regular forums to share research intervention is directed appropriately. A dele- • Three similar provincial meetings in 2013 gate stressed the importance of involving the Addressing barriers to access of education 60 of 115 (52%) • Exploring ways of working more closely with churches since they also play a role in deal- Improving quality of education for learners with disabilities and/or facing 31 of 115 (26%) districts. For example, a possible scenario ing with sexual violence in communities. Life other barriers to education may be for private schools to assist public Orientation teachers should also be drawn in. schools in a certain district. Solutions need to • Workshops for learners at schools are an ef- Improving the availability of, and access to, sport, recreation and cultural 39 of 115 (33%) take geography into account in the interests fective way of bringing to light sexual vio- activities of effective planning and consistent action. lence cases that have not been reported Improving the availability and quality of ECD (Grade R and 0-4s) 33 of 115 (28%) • Working with organisations that have a pres- and educating girls about their rights. ence in all nine provinces such as the SAHRC and the NASGB. • Develop an effective campaign focussing on absenteeism on the part of teachers. • Explore issues around the training of SGBs and possible litigation in that regard. In relation to this the importance of SGBs knowing their rights and being empowered to take respon- sibility was highlighted. • Monitoring the textbook supply system de-

42 EDUCATION CONFERENCE EDUCATION CONFERENCE 43 Legislation Participants Legislation (Please note that the links to legisla- 5. Legislation relating to the obligation for Please see LRC website for full contact details of participants below tion are up to date as of 23 January 2013 and teachers who are sexual offenders to be www.lrc.org.za/papers that the government departments or ngo listed in a register. There are two registers: websites are not necessarily kept up to date. For sexual offences, the rules pertaining to the Amiena Bayat Ann Skelton Rufus Poswa You are advised to check the websites belong- National Register for sex offenders are contained Janet Love Ekanam Okan Paula Proudlock ing to legal publishers such as sabinet, juta and in Chapter 6 of the Criminal Law: Sexual Of- Sarah Sephton Gaby Sanchez Cameron McConnachie lexisnexis to check that the acts have not been fences Amendment Act 32 of 2007 R. Arendse Ella Scheepers Jennifer Robinson Andrew Shale Zyd Mzamo Lindeni Motsa amended) a) http://www.centreforchildlaw.co.za/images/ H. D Gebetshu Deidre Viljoen Patrick Mashenda files/childlaw/criminal_law_sexual_offences_ Nosipho Jaca Tinka Labuschagne B. Moffat 1. Constitution of the Republic of South amendment_act.pdf Poppy Louw Yoemna Saint Mary Metcalfe Africa, 1996 b) With regard to other forms of abuse (but also Dr Uche Amadi-Ihunwo Victoria John Nikki Stein Lindiwe Mokate Gushwell Brookes Lydia Polgreen including sexual offences) chapter 7 (part 2) of http://www.constitutionalcourt.org.za/site/the- J. Tugwana Angela Bolowana Nyoko Murangua constitution/english-09.pdf the Children’s Act of 2005 requires person found J. Bleazard Nicki Van’t Riet Brian King 2. Integrated School Health Programme (ISHP) unsuitable to work with children to be placed Pieter Els Leroy Ntanzi Claire Martens Moefiedah Jaffer Manoj Chiba Tsholofelo Sesanga http://www.doh.gov.za/docs/policy/2012/Inte- on Part B of the Child Protection Register http:// Norah Moqobame Cassim Mhlongo Thufulufhli Sinthamule grated_School_Health_Policy.pdf www.centreforchildlaw.co.za/images/files/ Ketho Lomchoza Ursula Hoadley Stanley Nkosi 3. UN Committee on Economic, Social and childlaw/consolidated_childrens_act.pdf Pearl Lebogang Mogoisi Lewis Mash Graeme Bloch Cultural Rights, which explained the position 6. Children may not be subjected to corporal Zita Hansungule Nicole Nieman Stu Woolman Samuel Marokhu Mark Heywood Hannah Bartlett as follows: “Education is both a human right in punishment in schools in terms of section Lebogang Kutumela Jayshree Pather Brad Brockman itself and an indispensable means of realizing 10 of the SA Schools Act 84 of 1996 Barry Masoga Matakanye Matakanya Cath Boulle other human rights. As an empowerment right, http://www.education.gov.za/LinkClick.aspx?file Themba Mola Dorah Nicholson Nomasonto Maseko education is the primary vehicle by which ticket=808cFmkP8U4%3d&tabid=185&mid=1047 Lisa Chamberlain Johan Roos Basetsane Moorose Persia Sayyari Solly Tshitangano Dmitri Holtzman 7. Legislation on child pornography: Crimi- economically and socially marginalized adults Mamosa Nonyane Yana van Leeve Pontso Mafethe and children can lift themselves out of poverty nal Law: Sexual Offences Amendment Act Gillian Attwood Lisa Draga Gugu Makhoba and obtain the means to participate fully in their 32 of 2007 Louise Knight Lisa Andrews Benjamin Mahumapeu Hettie Viljoen Faranaaz Veriava Monika Mashego communities.” [1] United Nations Committee on http://www.centreforchildlaw.co.za/images/ Achmed Mayet Nic Spaull S. Moswane Economic, Social and Cultural Rights General files/childlaw/criminal_law_sexual_offences_ Yuk-Sing-Cheng Zukiswa Kota Adila Hassim Comment No 13 amendment_act.pdf Brahm Fleisch Shenaaz Pahad Audrey Elster 4. South African Council for Educators Act 8. Employment of Educators Act NO. 76 Jenny Grice Patience Lekganyane Sierra Serake Michelle West Freddy Nemtoahe Nomondi Nyembe OF 1998 31 of 2000 Veeral Patel Peter Nteo Katherine Child THE SACE is a professional Council that promotes http://www.education.gov.za/LinkClick.aspx?file Ntebo Leepile Annette Lovemore Nicole Breen and ensures compliance with the code of ticket=XwFsysKqN3w%3d&tabid=185&mid=1047 Andrew Bartlett I. Nkata Nomonde Nyembe professional ethics for educators http://www. 9. National Education Policy Act NO. 27 OF 1996 Martin Mulamba Alice Brown Tau Kapnaar Tau Modidima Mannya Dumisani Faku Lauren Du Toit education.gov.za/LinkClick.aspx?fileticket=Dpch http://www.education.gov.za/LinkClick.aspx?file Carina du Toit Monica Hendricks Kyle Behrens HUDwxWk%3d&tabid=185&mid=1046 ticket=Yk1ugeBTHAE%3d&tabid=185&mid=1047

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