The question raised was around legislation with regard to parents who do not send their kids to school. The reply is that I do not intend to introduce legislation on this matter as the existing provisions of the South African Schools Act of 1996 already make provision for penalties to be imposed on a parent who fails to ensure that a learner who is subject to compulsory school attendance does, in fact, attend school.
This matter is also governed in terms of Chapter 2 of the South African Schools Act, which provides that subject to this Act and any other applicable law, any parent who, without just cause and after receiving a written notice from the head of department, fails to comply with subsection 1, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding six months.
Any other person who, without just cause, prevents a learner who is subject to compulsory attendance from attending a school, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period again not exceeding six months.
Therefore, I believe that the legislation contains sufficient provisions to cater for this matter and I won't have to introduce new laws. There are laws in place to deal with this matter.
Thank you very much for your answer, hon Minister. The reason I asked the question is that, as you know, about 65% of our children do not come from fully constituted, functional families. That means not enough parental pressure is put on children to attend school and parents do not have the care and the necessary devotion to stand behind children in order to get them to attend. So, in fact, the legislation we currently have is ineffective, and unenforceable and is not being enforced at a provincial level. If one drives around in the Eastern Cape, one often sees the kids walking around on the streets and not attending school. The nation's kids are not at school and existing measures are not effective. My supplementary question to you is whether you are willing to consider investing in a programme that was pioneered in Brazil and is called Bolsa Familia, where the payment of social grants is dependent on whether the parents with fidelity send their children to school every day, as required. The programme requires of them to attend the clinic to get the necessary immunisation and monthly check-ups for their health. Are you willing to consider such a measure, which would make the payment of social grants dependent on whether those things happen?
I think the hon James will agree with me that in instances where children come from very difficult environments or circumstances, the whole question of prison is out of the question. What they need is support. As you have indicated, perhaps they need incentives that would really force them to go to school.
Fortunately, I do not pay grants. Therefore, I would not be the one expected to make such laws. However, anything that would support and assist us in ensuring that kids do indeed go to school would be welcomed fully. Whether this should be linked to grants is not really my territory, but any incentive that would help make sure that our kids are indeed going to school would be welcomed fully.
For your information, we are even looking at setting up psycho-social services within the department to make sure that we could employ our own social workers. We will be making the bid to Treasury to support kids who come from difficult circumstances. This is as far as we can go. As I said, I cannot make laws for Social Services.
Where I come from is that I think it is more important to find ways of supporting them. As you said, we should find different incentives to encourage them to go to school if they come from very difficult circumstances.
Hon Minister, as you rightly said, there is legislation dealing with the issue. My question is: Why is this legislation not being implemented? There might be difficulties in implementing the legislation, but why is it on the books if it is not going to be implemented? Is it just ghost legislation?
I think the member will agree with me that when there is a law, there is a process involved. The law is there for all of us. As the public, we should complain to the courts of the country when we see a child not going to school. We can report that. It is for all of us to do so.
You know very well that we are doing lots of things in order to encourage and support kids to come to school. Sometimes teachers even go to the extent of picking them up at their homes. We would rather go for a soft, caring approach than one of policing.
We know that some kids come from extremely difficult environments. Others come from parentless homes. You do not send them to prison because they have no parent to bring them up. We look at different ways of ensuring that at the end of the day, they do go to school. Preferably, in an environment like school, where there would be education authorities, we would rather use soft methods which would not break the trust between us and our learners. If we send them to prison and they come back, there will be no relationship between us. We have a certain responsibility.
There is no such thing as the law not being implementable. Even as a member of the public, you can easily complain. Custodians of the law should deal with it. We are not the courts of the country. These matters need to be taken to the courts of the country through the correct process. You raise a complaint and there is someone who has jurisdiction over who gets imprisoned or not. I do not run courts and cannot be responsible for the implementation of a law.
Hon Mpontshane, I have kept your favourite spot, number three, for you. The last question will go to the hon Mushwana.
Thank you, hon Speaker.
Yinkinga le esikhuluma ngayo Ngqongqoshe, okungukuyeka kwezingane esikoleni. [We are talking about the serious problem of school drop-outs, Minister.]
There are many factors responsible for such a phenomenon.
Ngisakhula mina wawungazitholi izinto ezinhle uma ungayanga esikoleni; ukuthenga umabonakude, kanye nokuba nendlu, kodwa manje noma ngubani ongayanga esikoleni uqhamuka esenezinto ezinhle.
Ziningi izingane eziqede ibanga leshumi ezihlezi emakhaya. Uma ingane ithi iqhubeka nesikole, bese ibuye izibuze ukuthi ngizoyelani esikoleni ngoba naba abaningi abaqeda esikoleni behlezi emakhaya. Umuntu oyeka isikole - njengalaba abaphila ngamathenda - athole izigidi zemali engafundile; bese ingane iyazibuza ukuthi izofundelani, ingani naba abangafundile banezidigi zezimali. Ngicela ukubuza-ke Ngqongqoshe ngoba ... (Translation of isiZulu paragraphs follows.)
[When I grew up we did not have fancy things - televisions and houses - if you did not go to school, but now even people who did not go school have such fancy things.
There are many children who matriculated who are at home. When children think of completing their schooling, they ask themselves why they have to go to school because there are many who matriculated who are at home. A person who drops out of school - like the ones who survive on tenders - get millions of rands even when they are not educated; then a child would ask: Why do I have to be educated, while there are uneducated ones with millions of rands? If I may ask the Minister because ...]
... this is essentially a social problem. Don't you think that now is the time for different departments, those other than Education, to come together, look at this problem closely and come up with programmes to serve as incentives for these youngsters?
UNGQONGQOSHE WEZEMFUNDO EYISISEKELO: UBab' uMpontshane uhlanganisa izinto ezingahlangani, ukuthi abanye bathola imali yamathenda akuhlangani nami lokho nokuthi abanye baqeda ibanga leshumi nalapho nami angingeni lapho.
Ngicabanga ukuthi into ehlangana nami yile yokuthi kufanele lento siyilungise sonke njengeMinyango kahulumeni. Kungakho sisebenzisana noMnyango wezokuThuthukiswa koMphakathi, ukubonisa ukuthi singabambisana ngokulungisa lokhu. Kunjengoba usho nje lena akuyona nje inkinga yokuganga, yinkinga ebangelwa yisimo laba bantu abaqhamuka kuso.
Njengoba usho futhi ukuthi nendawo abaqhamuka kuyo, kanye nezimo ezisemphakathini. Izinto ezisemphakathini yizo ezibaqeda amandla, azibuze ukuthi usayelani esikoleni ngoba naba osibanibani bathole o-A kodwa bahlezi no-A babo lapha elokishini, kuyafana ukuthi uphase kahle noma qha.
Siyavumelana, yingakho ngisho ukuthi angazi ukuthi ungibuzani ngoba siyavumelana. (Translation of isiZulu paragraphs follows.)
[The MINISTER OF BASIC EDUCATION: Hon Mpontshane is incorporating two different issues. The fact that some get tenders and others complete their matric does not concern me.
I think what concerns me is the fact that we have to rectify this as government departments. That is why we are working with the Department of Social Development, showing that we can work together in correcting this. You are right in saying that this is not a minor problem; it is a problem caused by their background.
Where they come from social circumstances have affected them, as you said. The things that happen in their communities make them feel demoralised; they ask themselves why they are still going to school because others got As but they stay with their As in the locations, so getting good results is the same as failing.
We agree, and that is why I am saying I do not know why you are asking me because we are on the same page.]
Minister, we applaud the notion of free and compulsory education as law, but instead of encouraging a police state, like the opposition is suggesting, have the Minister and the Department of Basic Education talked to other departments, such as Social Development, in order to develop programmes that will instil a culture of learning among defaulters and where attendance is a challenge?
Indeed, we are in agreement that in the context and environment in which we are working, instead of having a harsh approach of policing and harassing, you would rather have a gentle, caring approach, because most of the problems are social ones. We have to deal with them in a constructive way which will keep alive the trust between you and the learners. This will mean that even if they drop out, they would feel comfortable enough to come back to school again. We have a very caring and constructive approach. That is what the hon Mpontshane said. This requires an integrated approach between us and Social Development.
Community members and adults also have a responsibility towards children, because it takes a village to bring up a child. We as adults and the whole village should play the roles that we are able to, encouraging and supporting the kids and making sure that they go to school. Policing is the last resort, particularly if the life of a child seems to be in danger. This is where you would bring in policing, with the aim of protecting children and not harming them even further.
Reasons for withdrawal of support for 2020 Olympic Games bid
43. Mr G P D Mackenzie (Cope) asked the Minister of Sport and Recreation:
What were the reasons that led to his department withdrawing its support for a South African city to bid for the 2020 Olympic Games?