THE CHILDREN’S AMENDMENT BILL AND ECD

1. THE CHILDREN’S AMENDMENT BILL AND ECD May 2019

2. GOVERNMENT PROPOSED AMENDMENTS

3. DE-PRIORITISING FUNDING IN POOR COMMUNITIES "(4) [The funding of partial care facilities must be prioritised] The MEC for social development may prioritise and fund partial care facilities and services—"; • The proposed amendments to sections 78(4) and 93(4) turn the obligation to prioritise provision in poor communities into a discretionary power.

4. PROHIBITION ON FUNDING INFRASTRUCTURE IN PRIVATE HOMES "(5) The funding for infrastructure of partial care facilities does not apply to private homes of registered non-profit organisations, private homes in general, business properties or properties not owned by a non-profit organisation.". • The 2014 DSD Audit suggests that among unregistered ECD centres about 40% are run from formally built private homes, with a further 15% run from ‘informally built shacks/huts’. About one-third of conditionally registered ECD centres are run from these types of premises.

5. POWER TO ASSIST "(5) Notwithstanding section 78(3) a provincial head of social development may assist the owner or manager of a partial care facility where registration with conditions was granted, to comply with the prescribed national norms and standards contemplated in section 79 and such other requirements as may be prescribed.".

6. CONDITIONAL REGISTRATION Conflation of two different things: • Registration with conditions: Full registration with no areas of non-compliance but conditions attached (e.g. pertaining to the size or hours of the programme). This is ‘registration with conditions’ and not conditional registration. Programmes that have this type of registration receive full registration and do not have to make changes within a certain time-frame, because the conditions relate to the ongoing parameters of operation not to unmet quality standards. • Conditional registration is given where there are areas of non-compliance with the norms and standards and other registration requirements, and therefore certain changes must be made within a specified time-frame.

7. IN SHORT NO SIMPLIFICATION REGRESSIVE/ UNHELPFUL AMENDMENTS

8. LOST OPPORTUNITY

9. OVER TO YOU Does this brief analysis of the problems with the Children’s Amendment Bill accord with your understanding? Is there anything you would like to add or highlight?

10. MIGRATION TO DBE

11. ECD MIGRATION FROM DSD TO DBE What we know so far… • Function shift includes the following: • Migrate responsibility (leadership and coordination) of ECD Policy and ECD centres/programmes from DSD to DBE • All children eligible for Grade R will move from DSD registered ECD centres to public or independent schools by 2030 • All children eligible for Grade RR will move from DSD registered centres to public or independent schools within 15 years • 1st 1000 days up to 4 years will remain with DSD (and DoH)

12. ECD MIGRATION FROM DSD TO DBE • Status quo remains until a Presidential Proclamation • Department’s view is that amendments to the Children’s Act are not necessary (?????) • Implementation Protocols are supposed to have been signed by end of April and a “Joint Cabinet Memo with revised legislation/policy as well as a National Integrated Plan for approval by July 2019”

13. OVER TO YOU Are you excited or nervous about this proposed migration? Please share anything you would like to add or highlight?

14. REGISTERING AS INDEPENENT SCHOOLS *#??

15. RIGHT TO ECD

16. CAMPAIGN ON A RIGHT TO ECD We would like to see a new national campaign on a child’s right to ECD (covering all aspects of young children’s health, wellbeing and development).

17. OVER TO YOU Do you think we should be spending more energy on pushing for acceptance of a right to ECD?

18. Summary • The proposed amendments are regressive • Missed opportunity to streamline, simplify the regulatory system to ensure that more ECD providers enter the regulatory fold and access the subsidy • The migration of ECD from DSD to DBE not currently accommodated for in the Bill, more complex regulatory environment likely to be imposed on ECD in the future THANK YOU!