At a national level and in some cases at the provincial level, the Department of Education has interacted with the consolidated Bill as a result of forums convened by the Department of Social Development. In this regard, engagement was concerned with issues in Chapters 7, 10, 12, 14 and 15 which dealt respectively with the definition of early childhood education, and early childhood development services, the identification of children in need of care and protection, children in alternative care, child and youth care centres and shelters and drop-in centres.

A major flaw of the Bill relates to a lack of understanding of policy of other departments that provide a related service. In the case of Education, the Bill does not contextualize service delivery that relates to education within the policy framework of the Education Department. Much of the input concerning the above-mentioned chapters related specifically to the need to align relevant aspects of these chapters to the policy framework with education. This was concerned mainly with Education White Papers 1 (Education White Paper on Education and Training), White Paper 5 (Early Childhood Education) and White Paper 6 (On Special Needs Education: Building and Inclusive Education and Training System). Specific input was made in this regard, for example, regarding Early Childhood Education; feedback was consistent with Education White Paper 5 and was concerned with specific detail regarding definitional provision and strategies.

The thrust of the definition is consistent with that in White Paper 5 on ECD, however it limits the definition to "birth to school-going age". The definition in WP5 is from "birth to 9 years". The reason why the Bill limited it to that age group is not to conflict with the legislation for school-going age; the insecurity at that time in relation to the age of admission; and the fact that Grade R is not compulsory within the education system.

Retain the original definition of ECD but indicate that for the purpose of this Bill, ECD will focus on the age groups birth to 5 years of age.

The development of a "comprehensive national strategy" by the Minister of Social Development is in conflict with the current Government's Programme of Action that has given that responsibility to the Minister of Education.

The wording to be: The Minister, in consultation with the Minister of Education, must include....

The rest of the document outlines the responsibilities of the Minister of Social Development in relation to the registration of ECD sites. There needs to be some indication of some of the related services offered by Social Development in terms of access to grants, psychosocial programmes etc.

Concerning ECD, the notion of pro poor funding in the allocation of funding and taking care of the indigent was emphasized. That education be provided free for the poorest learners is an important goal regarding redress. Another important aspect was the need to inject into the Bill the National Policy Framework so that there is consistency and co-ordination regarding service delivery.

Regarding Education White Paper 6 on Special Needs Education: Building and Inclusive Education and Training System, specific input was tabled regarding definitional issues, the need to move away from labelling and psychometric testing as well as the notion of restorative justice which dovetails with the principles espoused by the Child Justice Bill.

With regard to disability the need for a National Policy Framework was stressed. The thrust of the message was that there should be a co-ordinated approach regarding disability and that service provision should be co-ordinated and integrated with a monitoring and evaluation component that is able to ensure proper service delivery. That services, especially to recipients in lower income group areas are closely monitored. Further, that social services fall within the approach adopted by the Integrated National Disability Strategy.

It is assumed that all the above-mentioned issues will be addressed in the amendment Bill. The Department is aware that the Bill has been split and that the provisions, which apply to the provincial government, have been removed. Further, that once this Bill is enacted, an amendment Bill containing matters which apply to the provincial government only (the amendment Bill) will be introduced.

The Department of Education supports the current Bill and commends the effort of the Department of Social Development in bringing together the various departments, which include education, health, justice as well as civil society, legal bodies and NGOs in producing this Bill. It is understood that the Bill covers is very comprehensive and therefore covers a wide range of issues. It mainly provides in principle support to issues pertaining to education or recognizes the need. The Department of Education supports the notion that early childhood development is recognised. Further, the Department of Education appreciates the Bill’s intention to protect the rights of vulnerable children including, street children, children who are disabled, those children in child-headed households, abused children, children at risk with the law, children in alternative care and, children in shelters and drop-in centres. This is consistent with the principles contained in the education policy framework.

The Department of Education also strongly supports the intention that the Act be implemented in an integrated, co-ordinated and uniform manner by organs of the state in the national, provincial and, where applicable, local spheres of government. Whilst it is clearly understood that competing economic and social needs will dictate how resources are utilized, the Department of Education is of the opinion that a clear strategy needs to emerge from the consolidated Bill which articulates clearly the roles and responsibilities of the various departments both at a provincial and national level.

Practices in the past suggest that in the absence of a strategy that outlines clearly the roles and responsibilities of different departments together with budgetary considerations, implementation is hindered. For example, it was established that the failure of the child justice system, which resulted in large number of children being sent to prison, was a result of a lack of a well-coordinated, inter-sectoral and inter-departmental strategy. Whilst we are aware that the Department of Social Development is in the process of considering the financial implications of the Children’s Act and has completed a scoping exercise, it must be stated that the success of this project is contingent on a well costed co-ordinated inter-sectoral and inter-departmental strategy that identifies clear roles and responsibilities with a time-line and budget.

It is against this background that the roles and responsibilities of the following institutions should be spelt out:

• Department of Social Development
• Department of Health
• Department of Education
• Department of Agriculture
• Department of Home Affairs
• Local Government
• Provincial Programme of Action for Children
• Community, youth and women’s groups, as well as Faith Based Organisations
• NGOs
• The focus should be on developing the capacity of parents/caregivers, stakeholders and community leaders