Hon House Chair, the Portfolio Committee on Basic Education convened a meeting with the North West Department of Education, SA Human Rights Commission and the Department of Basic Education. This was done in order to investigate progress made in the implementation of recommendations emanating from SA Human Rights Commission Report on the North West investigative hearing into the lack of safety and security measures in schools for children with the disabilities. The focus area of the meeting engagement included the following set of issues: the access to education for learners with disabilities, enrolment of learners in special schools per province, enrolment of learners with disabilities in public ordinary schools, distribution of special schools, special schools resources centre, school infrastructure including hostels, and special schools funding.
Since the release of the report the SA Human Rights Commission on the lack of safety and security measures in schools for children with disabilities in the North West Province, the Department of Basic Education has taken significant steps to ensure the proper processing of the recommendations of the report. In 2014, the Department of Basic Education promulgated the policy on Screening, Identification, Assessment and Support which provides a policy framework for the standardisation of the procedure to identify access and provide support programmes for all learners who require additional support.
The policy guides officials and teachers in not accessing only the intrinsic factors in the child, but also examines other titles of various for learners and development. The procedures and processes in the policy are intended to benefit all learners who require support, not just learners who have a disability. This places at the centre the importance of ensuring equitable access to quality education for all learners. To date the progressive rollout of the policy on Screening, Identification, Assessment and Support, Sias, has reached 5 821 officials and 113 204 teachers with the current development in the early childhood development space. The plan is to institutionalise Sias from the ages of zero to six years of age to ensure early identification and intervention.
The focus on the early childhood development is based on the fact that the early childhood development, ECD, provides the intellectual, physical and emotional foundation for all future investments and nation could make it human capital and thus dictates the rate of return of schooling, technical and vocational training and university education. This led to the initiative called teaching for all, mainstreaming inclusive education in South Africa. The teaching for all intervention aims to strengthen the capacity to pre-service and in-service teachers to recognise and respond effectively to the educational needs of children thereby contributing a more inclusive education system.
Education White Paper seeks special needs education building an inclusive education and system training 2001, direct on how the country must go about building a single inclusive system of education and training. The policy signals critical steps to transform and strengthen the education system on enable early identification on intervention on barriers on learning and development. By the end of 2018, provincial education department has already designated to 848 public ordinary schools into full service schools. This has exceeded the sector targeted of 624 full service schools by 2018, by 26,4%.
In 2016, the National Treasury awarded the Department of Basic Education a conditional grant to the value of R477 million over the period of 2017. The strategic goal of the grant is to ensure that learners with severe to profound international disability access the quality public funded education and support. It focused on the Foundation Phase and Grade 9 and continued to Intermediate Phase and Grade 10 in January 2016, and the Senior Phase and Grade 11 in January 2017, and in Grade 12 in 2018.
The portfolio committee is convinced that the Basic Education sector is committed to the principle. Every learner matters and is thus committed to building an inclusive education and training system which will ensure that no learner is left behind, significant steps have been taken in this regard although challenges remain given that the size of the backlog with which the democratic administration has had to deal. However, the portfolio committee will make follow-up through oversight visit in order to track progress in all provinces including the North West. It is our hope that the current initiatives which will lead a better basic education system for all our children. I, therefore, move that the House accepts the report. [Applause.]
There was no debate.
Thank you very much, Chair. I move:
That the House accepts this Report. Declarations of vote:
The SA human Rights Commission Report was prompted by the death of three learners in the North West Province caused by the fire at the hostels of the North West School for the Deaf. The investigation established that at the time of the fire there were woefully inadequate safety and security measures in place to protect learners. The commission's investigation concluded that the North West School for the Deaf, North West Education Department and the Minister of Basic Education fail to comply with the applicable legislation and policy. If children with disabilities are systematically endangered within the special school environment due to lack of safety and security mechanisms design to reasonably accommodate the specific disability, this is constitute and infringement of a child's right to dignity, equality, health security, a safe environment and a basic education.
Any routine exposure of children with disabilities to hazards, born of inadequate safety and inappropriate security measures, would be a form of neglect does not serve the best interest of the child as required in the Constitution. The failure to provide safety and security measures in the event of any emergency can also be interpreted as a form of discrimination. The crude and naked facts staring us in the face are that each day parents of these children send them to school as they are compelled to. They expose their children to danger which could lead to certain death. This is a fact that stares learners and teachers at Khayalethu and Sigcau Special Schools in the face on a daily basis, and they battle with poor infrastructure, lack of a school promised 10 years ago to Khayalethu Special School and no fencing at hostels to fend off sex pests.
The minimum norms and standards for public school infrastructure contain insufficient provision for special schools and timeframe for compliance with universal design is 2030, this is unacceptable. The current school infrastructure budget will surely be felt more by special schools. The Sias policy outlining quite detail how to determine the level of support for individual learners, but it doesn't go in specifics around how the support should be provided and is quite silent on special school provisioning as the norms and standard that were meant to be adopted with the policy are just guidelines. Therefore, there is no comprehensive and building norms and standards regulations - inadequate provisions made in the liquor and policy framework relating to post provisioning in special schools and special schools hostels does not take into account the need for 24 hours supervision of learners in special school hostels.
Sub-supervision is more demanding and requires more specialised skills. There are no norms and standards setting out the minimum qualifications of staff requiring experience for special schools and support staff. Adequate staff development plan are not in place to ensure staff developed the necessary skills to ensure learners' safety and security, taking into account specific learner needs. The insurance of safety and security at special school will only be realised when proper norms and standards are in place with regard to post provisioning, accommodation, transport and infrastructure and when proper vetting and training of educators and caregivers is continuously monitored and implemented.
We urge the Department of the Basic Education to conduct thorough health and safety audit for all special schools per province to ensure that safety policies are in place and implemented. Failure to do so will be an indictment on the department's incapability to carry out this mandate. We support this report.
House Chairperson, we are in agreement with the report of the SA Human Rights Commission, SAHRC, wherein the lack of safety and security at schools for children with disabilities is reported. Although South Africa has committed itself in writing to the provisions of quality, equitable and inclusive education in its Constitution, despite relevant laws, policies and guidelines, children with disabilities remain marginalised.
It's also a fundamental right of each and every child to receive an education in the context of security and safety. The reality for many of our children, not only those living with disabilities, is that schools everywhere are generally just not safe. Our children go to school to be raped, as many as the cases that are reported. Our children go to school to be assaulted. Our children go to school to be murdered. All this is happening at the one place where they are supposed to be safe to learn, grow and play. The violence we see in our schools is the same violence we see in our communities, and the violence is suffered mostly by women and children, in particular, black women.
As the report by the SAHRC further observed, our children living with disabilities are not acknowledged or even valued by society. How many schools in South Africa comply with the requirements related to full accessibility, such as ramps, handrails and space maneuverability for all disabled learners and educators? Very few.
As the EFF, we made a clear proposal to the Minister of Police, wherein we asked him to go and establish units that will specialise in school safety for the purpose of police visibility in all, and around, schools. We also made a proposal which said that all schools must have security guards employed full time and we must cancel all contracts with security companies. We must employ all trained security guards in the same way that we employ our teachers. The Safe Schools project has failed our disabled children because nothing has changed so far.
We must not simply adopt the reports, but can we see changes? Thank you. [Interjections.]
One day you'll tell us what that means, baba Ngwezi.
Hon Madam Chair and members, I deliver this statement on behalf of the IFP's secretary-general, hon Ngcobo. The consideration of this report quite obviously requires the concerted efforts of both the Ministers of Health and Basic Education, to protect those who are the most vulnerable in our communities.
The findings by the SAHRC on the lack of safety and security measures in schools are distressing, even to read it. I want to call on each and every one of you in this House and those who are watching today to ask yourselves if defenceless children deserve to be in a place that poses direct dangers and poor conditions for any child. Now, extend your thoughts to a time when you saw a child living with a disability struggle as a result of difficulty. These thoughts should unite us in the common cause to not allow suffering to touch any child, especially those who live with disabilities and struggle to fend for themselves.
The factual findings by the SAHRC reveal that special schools' infrastructure is not only insufficient but poses a direct and imminent threat to the health and safety of these learners. Inspection of the Kutlwanong School in the North West province found dangerous and poor conditions. The report found, as a matter of fact, that there is a lack of legally binding norms and standards to ensure safety, minimum qualifications of ... care from staff, a lack of understanding of the legal policies that exists in the event of emergencies and as usual, no accountability by provincial and district department officials in terms of compliance.
The IFP rejects the report by the Department of Basic Education and supports the recommendations of the committee's findings. I thank you.
Hon House Chair, all cultures have a way of expressing the need for people to look after each other. It could be the ubuntu formulation of ...
Sepedi:
Motho ke motho ka batho. [No man is an island.]
English:
Or it could be called empathy.
Afrikaans:
Dit kan ook naasteliefde genoem word. Die punt is dat dit 'n universele deug vir diegene is wat oor die vermo beskik om na hulself om te sien, om ook te help om na ander om te sien. Gestremde mense kan in di verband uitgesonder word. Dit is wat bedoel word as Levitikus 19 vers 14 beveel: "Jy mag 'n dowe nie vloek nie en voor die blinde geen struikelblok l nie, maar jy moet jou God vrees. Ek is die Here."
English:
What this means exactly changes from time to time. While some amenities are regarded as luxuries when they are introduced; in time they become basic requirements just for a dignified life.
With regard to the safety of children with disabilities in schools, the ideal would be that all teachers and all children would regard it as their obligation to look after the interests of children with physical disabilities or profound intellectual inabilities. In that case the tragic occurrence which led to the report that we are dealing with would not have been necessary at all. Alas, the high sentiment that each learner is a national asset in South Africa is not even realised for children with perfect health, physically and mentally; otherwise the neglect and lack of conscientiousness which characterises the South African school system would not have been the case.
Afrikaans: Daarom verwelkom die VF Plus hierdie verslag rakend die gebrek aan veiligheidsmaatrels vir skole vir kinders met gestremdhede in Suid-Afrika, maar ons hou nie asem op om die aanbevelings daarvan 'n werklikheid te sien word nie. Dit is doodgewoon die werklikheid in Suid-Afrika dat uitsprake soos hierdie gemaak word en nooit 'n werklikheid word nie.
Dan het ek gewonder of dit parlementr is om 'n 'n militre te dra, maar toe dink ek miskien is dit net 'n agb April-grap. Baie dankie. [Gelag.]
Hon Chairperson, the SAHRC's report into the lack of safety and security measures in schools for children with disabilities in the North West province made damning findings against the Department of Basic Education in the North West province and its head of department, the Minister of Basic Education, the North West School for the Deaf and the member of the executive council for education, for failing to provide safe and secure schools for the advancement of the rights of school children with disabilities.
The cruel treatment of people with disabilities was correctly put by the intellectual giant, Dikgang Moseneke, in the Life Esidimeni arbitration award, as he said: The right not to be treated in a cruel, inhuman or degrading way is a self-standing right in the Constitution. It is related to the right to dignity but its reach travels further. It does not only require that people be treated in a respectful and dignified manner and in accordance with their human worth but also targets proactive and systematic acts that are not only unkind but also hateful and directed at bodily and psychological hurt and harassment.
When we ratified the Convention on the Rights of Persons with Disabilities in 2007 we were committed to its founding provisions, in particular those in article 14, which requires states parties to take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
Our hearts were shattered when in 2010 and 2015 respectively, two incidents, both at Christiana School for the Blind and the Hor Volkskool Potchefstroom in the North West province, claimed the lives of disabled learners. In its report, the SAHRC made the following findings against all the respondents cited in this presentation. The risk of physical abuse, particularly sexual abuse, was a consistent theme identified in the submissions by hearing participants, which highlighted the state's systematic and consistent failure to ensure that teachers and staff are checked against registers made in the Children's Act and the Sexual Offences Act as required by law, prior to being hired to work directly with some of South Africa's most vulnerable learners.
At this committee we correctly made recommendations that, for quality education to proceed ... [Inaudible.] ... special schools must be benchmarked against international standards on safety and security. However, we support the report. Thank you very much.
Declarations of vote: continued
Hon Chair, let me start by simple corrections because we are basic education. To the hon doctor of the EFF and the hon Ntshayisa, it is people and learners with disabilities and not living with disabilities. It is not a disease, but just a condition. Let us start there. The Constitution of South Africa restored the dignity of all our people. The first section of Chapter 2 of the Bill of Rights in our Constitution states that ...
Order!
Order! The Bill of Rights enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The Constitution guarantees the right of persons with disabilities to equality, nondiscrimination and human dignity in all sectors of our society.
[Interjections.]
Your party is less than 10 years, so you are still crawling. You cannot compare yourself with us. [Applause.]
The education White Paper of 2001 assets that the special needs education is a sector where the ravages of the apartheid ...
Chairperson, on a point of order.
Hon member, take your seat. What rule are you rising on, hon member?
Hon Chair, just to note to the hon member that we are the only party that have increased. They have decreased.
Hon member, I am going to switch off your mic. You cannot do that. Hon member, you do that again, it is a warning. Do not do that again. Continue, ma'am.
Thank you, Chair. We are basic education. We will be very patient with you. We understand you are just babies.
The education White Paper of 2001 assets that the special needs education is a sector where the ravages of apartheid remain most evident. In this sector, the segregation of learners on their basis of race was extended to incorporate systematic separation on the basis of disability. Apartheid special schools were thus organised according to two segregation criteria, race and disability. The values set out in the Constitution ...
Order, hon members, order please!
Why are you drowning me?
I need to hear the speaker at the podium! Continue, ma'am.
The values set out in the Constitution have established a fundamentally different social, political, legal and economic order from apartheid. Under apartheid policies, schools that accommodated white learners with disabilities were systematically resourced. Black learners with disabilities were under-resourced. Learners with disabilities in special schools existed and were limited to admitting learners according to rigidly applied criteria.
The impact of these policies were only 20% of learners with disabilities were accommodated in special schools. In the year 2019, there were 501 schools for children with special needs, including 54 independent schools. This gives a clear indication that the ANC-led government is determined to create an inclusive education and training system. However even the efforts of government are not sufficient to meet the requirements of children with special needs.
The ANC believes that a united and cohesive society requires that we end the exclusion, segregation and marginalisation experienced by persons with disabilities. It is the responsibility of every one of us to ensure that every child with disability is in school. We must include this responsibility in our constituency work as Members of Parliament.
In its policies, the Department of Basic Education takes school safety seriously and as an apex priority. The department has put in place the various policy measures to ensure the safety of all learners, educators and relevant stakeholders in schools.
According to the policies, there is no place for violence, drug abuse, sexual harassment and other criminal acts in schools as they pose a serious barrier to learning. The department places great focus on the inculcations of values and ethics and of just and caring society within the schools and communities.
The report of Human Rights Commission on the lack of safety and security measures in schools for children with disabilities in South Africa raises serious concerns about the lack of safety in some schools. The portfolio committee initiated and called a meeting to receive a briefing and engage the SA Human Rights Commission report by the following stakeholders.
As the ANC we appreciate the information provided by the department which shows the steps taken a demonstrated commitment to an inclusive education system and the reasonable accommodation. We are particularly pleased that the department is committed to the enrolment of learners in special schools per province, enrolment of learners with disabilities in public ordinary schools more equitable distribution of special schools. As the ANC, we welcome the department's commitment ...
Chairperson, on a point of order.
Hon member, please take your seat. Hon Ntshayisa, yes.
Hon Chairperson, my point of order is: The speaker at the podium is also saying, "Learners with disabilities, not living with disabilities." Where ignorance is bliss it is folly to be wise.
Hon member, you did not hear her well. You are putting words into her mouth. Continue, hon member. The correct thing is what you just said that she said. Continue hon member.
The ANC supports the recommendation by the portfolio committee in particular; we call on the department to adhere to the timelines in its response to the recommendations of the SA Human Rights Commission. We believe that there has to be continuous discussions ...
Hon member.
... continuous discussions about how to get school safety right. The fencing of all school grounds and thorough inspection in schools for learners with special needs must be prioritised.
The involvement of School Governing Bodies, the Police, parents, teachers and learners is crucial for the betterment of our schools and increase safety of our children in schools. Let us join hands in ensuring that schools are a constructive spaces of learning for our children especially for those with disabilities. We urge schools that have not established disciplinary committees to do so urgently. We support the report. Thank you. [Time expired.] [Applause.]
IsiNdebele:
USIHLALO WENDLU (Ksz M G Boroto): Mma uHlonyana, sengiyakubawa kwanjesi, ayikarisi into oyenzako, torhwana.
English:
Motion agreed to.
Report accordingly adopted.