ATC120903: Report of the Portfolio Committee on Basic Education on an Oversight Visit to Polokwane, Limpopo Province, dated 28 August 2012

Report of the Portfolio Committee on Basic Education on an Oversight Visit to Polokwane, Limpopo Province , dated 28 August 2012

The Portfolio Committee on Basic Education, having undertaken an oversight visit to Polokwane, Limpopo Province from 4 – 5 July 2012, reports as follows:

1. Introduction

1.1 The Portfolio Committee on Basic Education conducted an oversight visit to Polokwane, Limpopo Province , between 4 and 5 July 2012. The visit followed numerous reports in the media on the issue surrounding the delivery of workbooks and textbooks to schools in the Province. Of concern to the Portfolio Committee were reports of the dumping and shredding of textbooks, schools not having received textbooks, inadequate numbers of textbooks or the wrong textbooks being received. There had been much debate, reporting and pronouncements made on the matter.

1.2 The purpose of the oversight was to gain first hand knowledge of the issues as well as to meet all relevant stakeholders. Engagements during the oversight visit involved the National Department of Basic Education, the Provincial Education Department, the Portfolio Committee on Education in the provincial legislature, the Limpopo Education Department Administrator, the Audit and Verification Team, District Officials, the South African Principals Association and Organised Labour.

1.3 This report provides a summary of the key issues that emerged from the interaction with the main stakeholders as well as the Committee’s deliberations, observations and recommendations.

2. Composition of the delegation

2.1 Portfolio Committee on Basic Education - The delegation from the Portfolio Committee on Basic Education comprised of Hon H H Malgas MP (Chairperson) (ANC), Hon N Gina MP (ANC), Hon A C Mashishi MP (ANC), Hon Z S Makhubele MP (ANC), Hon A Lovemore MP (DA), Hon N M Kganyago MP (UDM), Hon K J Dikobo MP (AZAPO), Mr D Bandi (Content Advisor), Mr L Mahada (Parliamentary Researcher) and Mr L Brown (Committee Secretary).

2.2 Department of Basic Education (DBE) – Mr H M Mweli, Mr P Sehlabelo, Mr P Lesufi, Mr A Subban and Mr R Van Den Heever.

2.3 Limpopo Department of Education – Hon N D Masemola, MEC for Education, Mr M J Thamaga, Head of Department, Mr M C Matthews (Administrator), Mr K M Mashaba, Mr M T Maphwanya, Ms M S Maguga, Ms M C Makondo, Ms C M Madipane, Mr M T Mhlongo, Mr N D Mangala, Mr J M Mametja, Mr N M Molope, Dr L Mafenya, Mr T G Nkadimeng, Dr N G Rambiyana and Mr N W Mphahlele.

2.4 Limpopo Provincial Legislature – Ms B J Maluleke MPL, Ms M Raganya MPL, Ms X Maaga (Committee Secretary) and Ms H Nyatlela (Committee Researcher)

2.5 South African Democratic Teachers Union (SADTU) – Mr R Matome, Mr R Moroatshehla, Ms V Mathonsi and Mr M M Ndouvhada.

2.6 Professional Educators Union (PEU) – Mr K D Netshitungulu, Mr L M Ngwenya, Mr M L Petje and Mr M K Mohlatlole.

2.7 Suid-Afrikaanse Onderwysersunie (SAOU) – Mr M K Smit and Mr S D Du Toit.

2.8 South African Principals Association (SAPA) – Mr N Rapaledi, Mrs R Kwinana, Mr L S Malepe, Mrs E M Mokgesi, Mr G G Mhlongo, Mr R A Mabasa and Mrs M Chuene.

2.9 Audit and Evaluation - Prof M Metcalfe

3. Background

In the 2011/12 financial year, the Limpopo Department of Education experienced serious cash flow problems, which had a carry-over effect to the ensuing financial year. The magnitude of the financial challenges had the potential to undermine the capacity of the provincial administration to deliver essential services, such as education. This was the main reason that prompted the Cabinet on 5 December 2011 to place five Limpopo line function departments including Education, under administration in terms of Section 100(1) (b) of the Constitution of the Republic of South Africa , 1996.

Specifically with regard to the Limpopo Department of Education, the objectives of

the intervention included the extent necessary for the following:

To maintain essential national standards or meet established minimum standards for the provision of quality basic education in Limpopo , including:

o the training for, and roll-out of the Curriculum Assessment Policy Statements (CAPS);

o the procurement and delivery of learning and teaching support materials (stationery, workbooks and textbooks);

o the roll-out of learner transport and infrastructure programmes;

o the transfer of funds to schools in terms of the National Norms and Standards for the Funding of Schools;

o the remedial programmes for Grades 10 – 12; and

o the coordination of efficient Annual National Assessments (ANA) and the National Senior Certificate (NSC) Examinations.

Subsequent to this, the Portfolio Committee on Basic Education conducted an oversight visit to Mopani and Sekhukhune districts in Limpopo between 15 and 1 7 January 2012. The purpose of the oversight was to assess the state of school readiness for 2012 in these districts and in the province . The Committee focused on a range of crucial areas, including the delivery of textbooks, workbooks and stationery. The Committee’s findings and recommendations are contained in its report, dated 6 March 2012. Amongst others, what transpired in the oversight was that the national department of education was in the process of delivering workbooks in the province but the Portfolio Committee could not ascertain progress to this effect. On the matter of the CAPS books for grades 1, 2, 3 and 10 the Committee found that they had not been received at the time of the oversight and learnt from the Department that they were not procured due to the cash-flow challenges in the province. The Committee expressed its concern at the persistent delay in the delivery of textbooks and workbooks and recommended inter alia that this be resolved and that the Department of Basic Education (DBE) present a report on the expected delivery date of textbooks to schools.

4. Engagements with the Audit and Evaluation Team – Prof M Metcalfe

Prof Metcalfe, leader of the Audit and Evaluation Team, gave the Portfolio Committee an overview of the legal context and background to the brief of her team, the team’s brief and timeframes, as well as progress made at the time of the meeting.

The Section 27 Filed Affidavit of May 2012 was an order directing the Limpopo Department of Education, alternatively the National Department of Basic Education, to place orders for and secure the delivery of textbooks to all public schools across the Limpopo Province that had still not received their complement of textbooks for the 2012 academic year. It further directed the Department to provide textbooks for Grades 1, 2, 3 and 10 on an urgent basis - and by no later than 31 May 2012 to all schools in Limpopo which had not yet received their textbooks. The affidavit further directed the Department to immediately develop a “catch-up” plan for at least the affected Grade 10 learners in Limpopo . The plan had to provide for additional classes either after school hours during the week or on Saturdays until the lost curriculum was recovered. The Court granted the orders with the deadline being 15 June 2012. Unfortunately the deadline was not met.

Prof Metcalfe gave the Portfolio Committee the sequence of events and timelines as of 15 June 2012 as follows:

· 21 June - Representatives of the Department of Basic Education (DBE) and Section 27 reached a settlement agreement that included the following undertakings:

o That all textbooks would be delivered to all schools by or on Wednesday, 27 June 2012.

o That the DBE would provide Section 27 with written updates of the progress of the delivery on Saturday, 23 June 2012; Monday, 25 June 2012; and Tuesday, 26 June 2012.

· 27 June 2012 – that the DBE and Section 27 shared concerns regarding reports that books may not have reached all schools and that the information in progress reports provided to the DBE and Section 27 may not be accurate. The parties agreed to appoint a jointly agreed upon independent, competent capacity to do an audit and evaluation of deliveries.

· 30 June 2012 – There was an announcement by DBE that Prof Metcalfe was appointed.

The Department and Section 27 had agreed that Prof Metcalfe would lead an independent verification of the progress reports relating to the delivery of textbooks to schools in Limpopo . This was necessary; both in order to assess the state of the delivery of current textbooks and to provide recommendations that would assist in preventing a recurrence in future years. The verification exercise would focus on learning materials to learners in Grades 1, 2, 3 and 10 in the Limpopo Province and that it should be completed in two weeks. It was understood that any outstanding books would continue to be delivered during the course of the validation process as the priority was to ensure that all textbooks were delivered as a matter of urgency, particularly in view of the start of the next term on 16 July 2012 and the importance of textbooks in ensuring the effective operation of the catch-up plan.

On 4 July 2012, Prof Metcalfe met with the MEC of Education in Limpopo , Hon. Dickson Masemola, and senior officials of the DBE and the Limpopo Department of Education. Prof Metcalfe, with members of the team, also briefed relevant stakeholders who included the South African Democratic Teachers Union (SADTU), NAPTOSA, the Professional Educators Union (PEU), Suid-Afrikaanse Onderwysersunie (SAOU), the National Association of School Governing Bodies, FEDSAS, the South African Principals Association (SAPA) and Section 27. Prof Metcalfe, on 5 July 2012 met with the National Portfolio Committee on Basic Education to hold a briefing session. Working with all stakeholders through every step of the process was essential to ensure acceptance of the findings.

The verification team would start intensive work as of 5 July 2012 with no media updates from the team going forward. Prof Metcalfe would brief all stakeholders on 12 July 2012 and submit a draft report to Section 27 and the Department. The final report would be available on 14 July 2012.

The Committee was informed that due to a tight time frame the verification process would cover a sample of 10% of schools in the province. The work streams would involve the auditing of existing processes and records by a team of auditors and procurement experts. Another team would call schools and follow-up on information received. Direct calls would be made to a sample of schools to ascertain the accuracy of delivery data across the district. The team would also follow-up on information received from the Department Help-line, stakeholders and SMS services.

Apart from the processes run by Prof Metcalfe’s team, the Provincial Executive Committee led by Premier Cassel Mathale had established a task team to verify data on delivery to schools.

Committee observations

The Committee noted, inter alia, the following key issues and concerns regarding the Audit and Evaluation Team:

· The Committee welcomed the appointment of the independent authority to verify the state of delivery of textbooks to schools in the Limpopo Province . The Committee expected that the findings and recommendations of this team will ensure that the processes of procurement and distribution of Learning and Teaching Support Material (LTSM) in the province are strengthened. In this regard, the Committee urges the Department to consider carefully the team’s report when compiled with a view to implementing its recommendations.

· Members queried the 10 percent sampling and how this was spread across the district. It would have been preferable if the sample could be increased.

· Members queried how the credibility of the data from the Department of Basic Education and the Limpopo Provincial Education Department would be accepted in future.

· Noting that the Department kept verifying data in preparation for the procurement of books, thus causing delays, it would be preferable for the Department to have a clean and verified data to avoid the repetition of such delays.

· An important point was exactly what, as a point of departure, was the source of information available in respect of what was ordered and what was received.

5. Engagements with the Department of Basic Education and Limpopo Department of Education

5.1 MEC’s Remarks

The MEC of Education in Limpopo, Hon. Dickson Masemola, gave brief introductory remarks on the state of education in Limpopo . He noted that the province and the Limpopo Department of Education recommit to their primary responsibility to ensure that schools function well. The Department had been working hard since 2009 and had registered a marked improvement of 15% in its National Senior Certificate results. It had set a target of a 70% pass rate for the 2012 academic year. He reassured the Portfolio Committee that teachers and learners were being deligent and not overly distracted by the textbook issue. He appreciated the good working relationship that had been forged with the Limpopo Administrator, Mr M C Mathews and the maturity displayed by department officials to find solutions to the problems surrounding the delays in the delivery of textbooks in Limpopo .

5.2 Briefing by the Administrator – Mr M C Matthews

The Administrator gave a brief contextualization of the Section 100 (1) (b) intervention. The objective of Section 100 (1) (b) specifically for the Department of Education in Limpopo included the following:

· To maintain essential national standards or meet established minimum standards for the provisioning of quality basic education in Limpopo including:

o the training for and roll-out of the Curriculum Assessment Policy Statements (CAPS);

o the procurement and delivery of learning and teaching support materials (stationery, workbooks and textbooks);

o the roll-out of the learner transport and infrastructure programmes;

o the transfer of funds to schools in terms of the National Norms and Standards for the Funding of Schools;

o the remedial programmes for Grades 10 – 12; and

o the coordination of efficient Annual National Assessments (ANA) and the National Senior Certificate (NSC) Examinations.

· To ensure that a system of financial management and internal control (including a cost containment strategy) was in place, and that a sound, transparent and accountable supply chain and contract management systems was implemented in the Limpopo Department of Education.

§ To ensure effective and sound human resource management in respect of areas such as the post provisioning norms, the compensation of employees, the PERSAL transversal system and the organisational structure.

· The scope of the intervention was geared towards achieving the following outcomes:

§ Normality and stability in the delivery of improved quality education in all its material facets;

§ Decisively addressing the operational, management, administrative and systemic challenges facing the Limpopo Department of Education in the provisioning of quality basic education; and

§ Ensuring that measures implemented during this intervention, guarantee the sustainable provisioning of quality basic education in schools after the intervention.

The Administrator remarked that the absence of a legislative framework to regulate the accountability and responsibilities of accounting officers in respect of Section 100 interventions posed a challenge.

5.2.1 Procurement and Delivery of Textbooks

The Administrator explained that, when the Section 100(1) (b) intervention was introduced, as stated above, Limpopo had considerable cash flow problems, which had serious ramifications for key basic education deliverables, such as the procurement of the delivery of textbooks. This effectively meant that there was no budget allocation for the procurement and the delivery of textbooks for the 2012 school calendar year, which under normal circumstances should have been catered for within the 2011/12 budget allocation.

The Committee was informed that it was not until in May 2012 that orders for textbooks could be placed with the publishers. Around 28 April 2012 incorrect orders were placed with publishers, which process was rectified by an intervention of the Director-General and senior officials from the Department of Basic Education. This was preceded by the nullification of the contract with EduSolutions, a service provider contracted by the Limpopo Department of Education to procure and deliver textbooks to Limpopo schools.

5.2.2 Budget Allocation for Learning and Teaching Support Materials (LTSM)

As there was no budget allocation in the 2011/12 financial year for the procurement of textbooks for the 2012 school calendar year, the Minister of Basic Education, assisted by the Director-General, engaged in intense negotiations and discussions with the Ministry of Finance and National Treasury. These negotiations and discussions started as early as the end of December 2011, continued during January 2012, and only yielded positive results in February 2012. The allocation for this purpose was only secured as part of the 2012/13 budget allocation, which ordinarily should be for the procurement of learning and teaching support materials, including textbooks, for the 2013 school calendar year.

The initial tabling for Learner Teacher Support Materials (LTSM) in Limpopo, with EduSolutions as the service provider, stood at about R1.3 billion, an amount which did not have the approval of the Provincial Treasury. With the Section 100(1) (b) intervention, this amount was reduced to about R600 million; and consequently, R249 million was approved as part of the budget allocation for the 2012/13 financial year. Therefore, the procurement of textbooks for the 2012 school calendar year in effect, had to be done utilising the allocation from the 2012/13 financial year. The Ministry of Basic Education, consciously took this decision, rather than to be seen to be depriving the children of Limpopo of their unalienable right to basic education.

The Committee further learnt that delays were affected by a decision to discontinue the service of EduSolutions - given the fact that the company was a subject of serious investigation. The Minister of Basic Education obtained advice from the National Treasury and the State Law Advisors before a decision could be reached on the matter. After the discontinuation of the contract with EduSolutions, the procurement processes began earnestly to secure the textbooks directly from the publishers as a matter of urgency. The Administrator emphasised that the central procurement approach saved the Department enormously, both in terms of time and in particular with financial resources.

The Administrator noted that under normal circumstances, the project of the procurement and delivery of stationery and textbooks to schools would ordinarily be carried out within a cycle of 10 to 12 months. This was in view of the fact that, apart from being an extensively involved process, some of the role-players who were part of the procurement and delivery chain, were diverse and included those having operations outside the country. In the case of the Limpopo Department of Education, the process, in effect, started in April / May 2012, after the cancellation of the contract between the Limpopo Department of Education and EduSolutions.

5.2.3 Placement of Orders for the Textbooks

The Administrator informed the Committee that had it not been for the intervention of the Director-General and his team of senior managers, who came in and dealt with the initial stages of the ordering of textbooks i.e.

· requested quotations of reduced prices from the publishers (even lower than the national catalogue prices)

· asked the publishers to indicate textbook availability

· engaged in the cleaning of the data utilised in the procurement process

The process would have remained flawed and costly, thus compromising progress even further.

After formally placing the orders, publishers were implored to deliver available stock, especially for Grades 1, 2, 3 and 10 within three days; and the top-ups for Grades 11 and 12 thereafter. That the publishers have been able to deliver the orders within such tight deadlines was remarkable.

5.2.4 Delivery and Distribution of Textbooks

The Administrator reported that given the urgency and the importance of the exercise, a communiqué was issued to District and Circuit officials for school principals to make themselves available for the delivery of textbooks to schools. In their absence, the principals were advised to assign someone who would be available for the delivery of textbooks to their respective schools.

On the previous Friday, 22 June 2012, the Minister of Basic Education, after having been briefed about the situation pertaining to textbook delivery in Limpopo, committed that the textbooks would be delivered by Wednesday, 27 June 2012. According to the Administrator, by as early as 11:30am on 27 June 2012, 97 percent of Grade 10 textbooks were delivered from the central warehouse and 100 percent of the Grades 1-3 textbooks were delivered from the UTI (Courier Company) warehouse. At close of business on 27 June 2012, 99 percent of Grade 10 textbooks were delivered, and packaging for the Grades 11 and 12 textbooks had already begun. The one percent variance for the Grade 10 books could be explained as follows:

a) As early as 16:00 on the same day, reports came in from all the district warehouses, with the exception of the warehouse in Thohoyandou, Vhembe, indicating complete delivery of textbooks from these warehouses. Delivery delays at Thohoyandou were in the main caused by distributors (SMMEs) who did not arrive to receive their consignments, despite several calls reminding them about their commitments.

b) After learning about the Thohoyandou problem, resources were immediately deployed to Thohoyandou to deal with their delivery problems. It was further learnt that a delivery destined for Schoemansdal was inadvertently sent to Vhembe and vice versa. This too, was subsequently corrected and the correct consignment was delivered to the correct destination.

c) Some school principals were reported to have refused to come to their respective schools to receive the delivered textbooks consignments whilst others went to the extent of switching off their cellphones. Principals were rude to the distributors, and some went to the extent of admonishing the distributors for disturbing them while they were on holiday. Distributors went to the extent of looking for teachers within the immediate vicinity of the schools to receive the textbooks at their respective schools.

The aforementioned challenges prompted that a Circular be issued to District Senior Managers and Circuit Managers requesting them to take direct responsibility for ensuring that schools received their textbooks consignments and report accordingly. In the same vein, another Circular went out in an attempt to dispel the myth and confusion pertaining to the choice and selection, as well as the procurement and delivery of the so-called wrong textbooks to schools.

It was of concern that some distributors who had been regular in collecting and distributing to schools from the warehouses did not arrive on Wednesday, 27 June 2012 - especially those from the Capricorn District, for the mop-up exercise that was to occur. In such instances, after repeated unsuccessful calls to distributors to collect their consignments, UTI (Courier Company) and the Limpopo Department of Education vehicles were brought in to deliver the textbooks to the schools.

The Administrator confirmed that by Wednesday, 27 June 2012, Grades 1-3 and Grade 10 textbooks were moved from the UTI (Courier Company) and central warehouses, respectively. The graphic representation below was presented to confirm this fact.

A further consolidated report would be submitted to the Minister and Director-General of Basic Education, which would provide proof or validation of the textbooks delivery to and receipt by schools.

FIGURE 1 : GRADE 1-3 LIMPOPO SUMMARY DELIVERY REPORT

FIGURE 2 : GRADE 10 LIMPOPO SUMMARY DELIVERY REPORT

District	Expected Quantity	Delivered Quantity	% Delivery
Capricorn	237 611	232 338	98%
Greater Sekhukhune	225 679	225 679	100%
Mopani	231 148	227 050	98%
Vhembe	208 372	208 132	100%
Waterberg	69 840	69 840	100%
TOTAL	972 650	963 039	99%

* NB: The 1 percent variance in the Grade 10 textbooks was the additional stock that was available to mediate any possible shortages reported by schools as a result of increased learner enrolments.

5.2.5 Audit and Evaluation of Deliveries of Textbooks

The Administrator referred to the appointment, role and time frame of the audit and evaluation team as outlined in Section 4 in this report.

5.2.6 Dumping/Shredding of Textbooks

The Department of Basic Education reported to the Portfolio Committee that the books found to have been dumped in Giyani were not at all related to the delivery of textbooks issued during this period. The Department had received a SAPS report confirming two sets of textbooks having been found dumped. The police recorded them as lost and found. These books were currently safely stored at the offices of the Department. The Minister had requested that an investigation be launched and charges brought against those responsible. After some investigation, it was found that one particular distributor had unexpectedly changed from the normal routine in respect of signing out of deliveries. The distributor had signed out textbooks in a group/box, being a deviation from the norm. After identifying the suspect, more books were found in his possession. Although his log-book had indicated deliveries to different areas, there were, in fact, no deliveries made upon further investigation. It was further learned that the suspect was called to a meeting with his supervisor who confirmed that the suspect was found to have abused the use and mileage of his vehicle – Mileage logged did not tally with areas covered. A case had been opened against the suspect. The Department was not sure if the suspect acted alone or whether it was a group initiative. The books had now been given to schools as a top-up. Other books reported to have been found dumped at the former Tivumbeni College of Education were, in fact, not dumped, but stored as supplementary material.

In respect of the shredding of textbooks at Mastec College in Seshego, a report on the matter had been compiled and submitted to the Office of the MEC. The MEC had instituted an investigation into the matter. A service provider was appointed to recycle unused and obsolete textbooks. In order for this to happen a process had to be followed whereby schools administered a disposal register. This register documented any textbook an educator identified as obsolete and disposable. Unfortunately, this process was not followed and textbooks were merely collected and shredded. The Minister indicated that it was unacceptable and criminal for service providers or officials to destroy limited and precious education resources – and had therefore laid criminal charges against perpetrators.

5.2.7 Committee Observations

The Committee noted the following key issues and concerns regarding the departments’ briefings:

· The Committee noted that, based on the report of the Department, textbooks had left the warehouses though a concern was that these had not reached the identified schools. Where then were these textbooks? It was important that the Proof of Delivery (POD) notes be found and investigations made where these were not available.

· Being confined to using SMMEs had created much employment in Polokwane, but had come with its own problems of capacity constraints needing attention. There was a further concern as to whether the Department was in a position to supply to those schools that had not received any workbooks.

· There seemed to be a breakdown in the confidence that the general public had in the data supplied by the Department which needed to be restored.

· A matter of concern was whether the Department had the budget to procure books for the 2013 academic year. It was recommended that this matter should receive urgent and collaborated attention between the Department of Basic Education and the Limpopo Provincial Education Department.

· In respect of the cost recovery measures, would scholar transport and scholar nutrition programmes be sacrificed? The Committee advised that in the process of cost recovery, earmarked programmes for poverty alleviation should not be compromised.

· There was a further need to look at the allocation per child in respect of the norms and standards.

· The Committee recommended that drastic disciplinary measures should be brought against those responsible for the textbook problems in the Province.

· The Committee was concerned with regard to the dumping and shredding of books and any form of disposal of books particularly in such times when the school learners in the country cannot read and write. The Committee advised that the books should not be disposed of and that they should be used to start school and community libraries.

· The Committee recommended that there was a need to communicate expediently the ‘catch-up” plan to the affected stakeholders because if this was not undertaken, there was a potential of a negative impact to the plan.

· The Committee welcomed the political and administrative task teams that had been established within the sector to deal with the problems faced in the Limpopo Education Department. It was important that the findings of these task teams be carefully considered and recommendations implemented.

· The Committee was convinced that the Department was handling the textbook matter well.

· The Committee further recognises that the issue regarding the delivery of textbooks and workbooks in Limpopo has received wide publicity and government attention and welcomes the establishment of a presidential task team and other state law enforcement agencies to probe the causes of the delay in the delivery of textbooks and the procurement activities in the Limpopo Department of Education respectively. The findings and/or recommendations of the task team and agencies should assist in preventing a future recurrence of the problem and in ensuring that those found responsible for the delay in delivering the textbooks are held accountable and face the consequences.

· Further salient points derived from engagements with the departments included the following:

o The Limpopo Department of Education has a serious cash flow problem and is being run under recurring accruals, a situation which requires a sustainable remedy.

o Grades 1, 2, 3 and 10 textbooks were procured late and the delivery process did not guarantee that textbooks would be at schools where they are needed the most. The Committee would like to see more work being done to improve the value chain of the LTSM procurement and delivery in Limpopo and nationally.

o At the time of the oversight, there were no funds available to procure books for the 2013 CAPS textbooks for the implementing grades.

o The intervention in Limpopo has been made difficult by the absence of a legislative framework to regulate accountability and responsibilities of accounting officers in respect of Section 100 interventions.

o The working relations between the current Administrator and the education department officials in Limpopo have improved.

6. Engagements with Organised Labour

The meeting with the unions included the South African Democratic Teachers Union (SADTU), Professional Educators Union (PEU) and the Suid-Afrikaanse Onderwysunie (SAOU). Discussions with the unions covered the same theme. Apart from the issue surrounding the non-delivery of textbooks, wrong textbooks and insufficient numbers of textbooks, there were further concerns raised as follows:

· CAPS training were not being communicated in time – in many instances this has not occurred. CAPS training were being implemented without the necessary materials and the quality of such training was being questioned.

· Administration at provincial level was lacking or non-existent and complacency had crept in. Correspondence with the province was ignored without responses from the province.

· Frequent re-deployment of staff was compromising the expertise and frustrating educators and learners.

· There were no winter enrichment classes being arranged by the Department.

· ECD practitioners had either not received the stipend or only a fraction thereof was paid to practitioners (some have not received any payments since January 2012).

· The Department seemed not to be clear on exactly what Section 100 (1) (b) meant to the province. There seemed to be confusion in respect of the understanding.

· Schools were still owed monies (25 per cent) in respect of the Norms and Standards for 2011/12, with no explanation forthcoming from the Department.

· Since money was unavailable for winter classes at the time of the oversight, this would have a direct impact on the Matric results at the end of the year.

· The suspension of promotional posts had a negative effect on schooling in general.

· To date, there had been no engagements with unions in respect of the “catch-up” programme by the Department. Unions were willing to assist, but would expect remuneration.

· Scholar transport and school nutrition programmes were not being provided for by the Department. Funds for the nutrition programme were not being paid directly to schools, but deposited into a fund where tenders were being put out.

· The relationship between unions and the department was lacking.

Committee Observations

It was clear that there was a discrepancy between what the unions were alluding to and what was being said by the Department. It was important to have a good relationship between the Department and unions on all matters. Members were very concerned and queried the issue of the Norms and Standards and why payment to schools was not made on time. Of major concern was that SADTU indicated that if the challenges were not addressed they would go on strike – many of the problems had been communicated to the Department as early as January 2012. Unions were requested to submit a written submission to the Secretariat. The submission would also form part of the Committee Report on the oversight conducted.

7. Engagements with the South African Principals Association (SAPA)

The Portfolio Committee had a special engagement with the South African Principals Association (SAPA) to gain a sense of the frustrations and challenges they experienced in their day-to-day activities. The concerns of SAPA could be summarised as follows:

7.1 Norms and Standards - In 2011 schools were not given all their expected monies much of which was deposited late into schools accounts. In the past, school fees were used to pay cleaners, night watchers, clerks and grounds men. The Department had indicated that Norms and Standards money should be used to pay personnel. In 2012, the money was reduced and the Department did not inform schools accordingly. Principals’ claims were refused by deputy managers at the circuit office. Although schools were under Section 21, the Department was still keeping money for LTSM whereas monies should be given to schools who would arrange their own service providers for stationery, textbooks and other LTSM materials.

7.2 National School Nutrition Programme (NSNP) - Schools were using Norms and Standards money to pay for firewood for preparing meals. The Department only compensated schools equally with R500.00 irrespective of enrolment figures. High schools were supplied with feeding utensils, gas stoves, plates and cups but primary schools were using their school monies to buy them. The number of parents assisting to feed learners was reduced to a ratio of 1:200 making it difficult for parents to do work efficiently. It was suggested that schools should be allowed to choose their own service providers and menus.

7.3 Staff Establishment – This should be issued to schools on a regular basis. Schools should employ the number of educators who are equivalent to the staff establishment. If a teacher needed to be re-deployed, schools should be allowed to employ temporary educators. The movement of educators should occur at the end of the year to ensure that schools are able to properly conduct their allocation of duties. All human resources should be included in the staff-establishment (Principal, deputy principal, HOD, educators, clerk, night security guards, cleaners and grounds man should be paid by the Department). No school should leave a post vacant for a period of more than one month. The approval to fill a funded post should be delegated to the circuit manager or principal.

7.4 Eviction of Principals – The Limpopo Province is in a situation where principals are evicted by communities when faced with allegations. SAPA was not pleased with investigations conducted by the Department on this matter. It was eluded that some departmental officials were involved in the eviction of principals, a matter which aggravated the situation. No report from the Department on investigations was issued to SAPA, despite formal requests having been made.

7.5 Learner Teacher Support Material (LTSM) - Textbooks needed to be delivered

together with stationery before schools close in December. Top-up textbooks should be delivered in January and February. Stationery should be delivered according to the number of books per learning area. If the department sees that the delivery of books will be late, they must deliver them to the circuit office and request schools to collect them.

7.6 Infrastructure - Most schools did not have enough classrooms with some classes

tacking up to 50 learners. Schools lacked the basic administration block, laboratory, library, computer centre, school hall, house craft centre, sickbay and counselling room. Some did not have sporting facilities and learners lacked playgrounds.

7.7 Relationship with the Department – SAPA felt that the department should create time to meet with them. SAPA had a good relationship with the National Department. SAPA had yet to meet the new HOD despite several requests to meet him. Further, SAPA had yet to meet the MEC in the Province. SAPA also had problems in respect of the working relationship with some Districts. Generally there was a good relationship with the Department.

7.8 Scholar Transport - Since the start of 2012 the Elsen School did not have scholar transport and this affected learning and teaching. Transport should be arranged at the end of the year for learners to be informed of the developments of the following year. Payment for scholar transport should be made regularly to avoid suspension of services.

Members concerns

The main concern for Members was whether there was a catch-up plan being formulated and whether there was buy-in from SAPA. The relationship with unions was also something Members queried. It was important that SAPA played a key role in the development of its members. SAPA was requested to submit a written submission to the Secretariat. The submission would also form part of the Committee Report on the oversight conducted.

8. Recommendations

The Portfolio Committee on Basic Education, having conducted the oversight visit to Limpopo, and considered the issues that were raised, makes the following overall recommendations:

The Minister of Basic Education should ensure that:

· The Department of Basic Education and the Limpopo Department of Education should ascertain that Grades 1, 2, 3 and 10 textbooks be delivered to schools when schools reopen after the July holiday. The Committee will require a comprehensive progress report on this matter.

· Adequate resources should be found to procure books for 2013 and that planning should be conducted for their timeous procurement and delivery. The Department of Basic Education in conjunction with the Limpopo Department of Education should submit a report on progress within a month of the adoption of this report by the National Assembly.

· The Department of Basic Education and the Limpopo Department of Education should take all the necessary steps to ensure that due processes are followed in respect of those responsible for the textbook problems in Limpopo, including the following:

o The shredding of textbooks;

o The authorisation for the shredding thereof;

o The unauthorised removal of textbooks from warehouses;

o The outcome following investigations into allegations of financial management misconduct, and

o Any other form of misconduct related to the non-delivery of textbooks.

· There is a need to develop legislation to regulate the implementation of Section 100 (1) (b) according to 100 (3) of the Constitution of the Republic of South Africa, 1996.

· The Limpopo Department of Education should consider engaging the unions and the South African Principals Association with a view to addressing their concerns as recorded in this report and to build better working relations with their social partners.

Report to be considered.