During the discussion of BELA Bill in the Portfolio Committee on Basic Education it was agreed to put ECD in the BELA Bill. You can see this here @ 3:13:04 . It was never included in the final version of the Bill. If you would like to see ECD included in the Bill you can use this submission template to ask the NCOP to do this.
You can copy and paste the submission below and feel free to edit this submission as you see fit to make it your own.
Please remember not to copy and send it as is, but to add in all the relevant details. Instructions to help you fill it in are in CAPS and square brackets. Please don't include those. By pressing on the addresses your browser should open an email for you.
If you are part of a ECD formation, structure or association feel free to change this submission and use it for your organisation.
A Word document can be found below.
UPDATE: We are now moving to the provincial process. The written submission deadlines and addresses for the various provinces are as follows:
North-West: 02 February 2024 pmaloba@nwpl.org.za /pmaloba141@gmail.com
KZN: 20 February 2024 dubeg@kznleg.gov.za
Mpumalanga: 29 February 2024 prettyma@mpuleg.gov.za
ECD Submission Template
[“TO” field:] [SELECT AN ADDRESS ABOVE]
[INSERT IN SUBJECT LINE]: BASIC EDUCATION LAWS AMENDMENT BILL
[BODY]
Honourable Chair and Members of the Education Committee. Thank you for the opportunity to comment on the BELA Bill currently before the committee.
I am a citizen who is deeply concerned that Early Childhood Development is not included in the BELA Bill.
Unfortunately, I have to reject this bill for the reason that ECD is neglected in this Bill.
I am writing to earnestly advocate for the inclusion of comprehensive Early Childhood Development (ECD) provisions in the Basic Education Laws Amendment (BELA) Bill. This submission will highlight the imperative need to recognize and incorporate ECD, specifically for children aged 3-5 years, into the legislative framework, while also addressing the importance of freedom in curriculum choice and religious autonomy within ECD settings.
The Portfolio Committee on Basic Education initially saw the wisdom of this approach and agreed to address this and the BELA Bill was going to include ECD but this resolution was ignored and does not appear in the Bill before you.
1. The Significance of ECD in the BELA Bill:
The current draft of the BELA Bill commendably makes Grade R compulsory but noteably omits the rest of the ECD phase for 3-5-year-olds. This oversight is concerning as the early years are crucial for cognitive, emotional, and social development. The Sustainable Development Goals (SDGs), particularly SDG 4, emphasize inclusive and equitable quality education and promote lifelong learning opportunities for all. Incorporating comprehensive ECD measures into the BELA Bill aligns with these global objectives and UNESCO’s strategy that recognizes ECD as a foundation for lifelong learning.
In support of the above it is pertinent to reference key United Nations documents that underscore the importance of Early Childhood Development (ECD). The United Nations Convention on the Rights of the Child (UNCRC), particularly in Article 28 and 29, emphasizes the right of all children to education, with the aim of developing each child’s personality, talents, and mental and physical abilities to their fullest potential. This aligns with the Sustainable Development Goals (SDGs), especially SDG 4, which advocates for "inclusive and equitable quality education and promoting lifelong learning opportunities for all." SDG 4.2 specifically targets that "by 2030, all girls and boys have access to quality early childhood development, care and pre-primary education so that they are ready for primary education." The UNESCO Education Strategy 2014-2021 further reinforces this by stating, "Early childhood care and education (ECCE) is more than preparation for primary school. It aims at the holistic development of a child’s social, emotional, cognitive and physical needs in order to build a solid and broad foundation for lifelong learning and wellbeing." These documents collectively highlight the critical role of ECD in fostering holistic development and the necessity of integrating it into national education frameworks such as the BELA Bill in South Africa.
These rights are given effect by allowing free choice of curriculum in the youngest formative years of the child.
2. Freedom of Thought, Conscience, and Religion:
The current plan of enforcing a state-dictated curriculum and of over-regulating ECDs could potentially stifle the unique and diverse educational approaches that these establishments offer. It is crucial to maintain curriculum flexibility to cater to different learning needs and styles. Furthermore, religious instruction in ECDs, a matter of significance for many South African families, could be negatively impacted under a rigid state curriculum. Maintaining religious autonomy and curriculum choice is essential for the diversity and richness of our educational landscape.
In the context of Early Childhood Development (ECD), the African Charter on the Rights and Welfare of the Child (ACRWC) provides a robust framework for advocating the importance of freedom of thought, belief, and religion in the education of young children. Article 11 of the ACRWC explicitly emphasizes the right of every child to an education that promotes and respects their cultural identity, language, and values, underscoring the significance of aligning education with familial and cultural beliefs. This aligns with the United Nations Convention on the Rights of the Child (UNCRC), which in Article 14, upholds the child's right to freedom of thought, conscience, and religion, and in Article 18, recognizes the primary role of parents or legal guardians in the upbringing and development of the child. These provisions collectively affirm the principle that parents should have the authority to choose ECD programs that align with their values and religious beliefs. The integration of these rights into educational settings, especially in ECD, is essential for fostering an environment that respects and nurtures the diverse cultural and religious backgrounds of children, contributing to their holistic development and well-being.
3. Rejection of the Notion that the Private Sector has Failed in ECD:
Contrary to the belief held by the Department of Basic Education (DBE) that the private sector has failed to deliver effective ECD, it is important to recognize the significant contributions made by this sector. ECD has shown remarkable resilience and innovation, often operating without substantial government support or funding. It has been a successful sector for micro-enterprises, contributing significantly to both education and the economy.
4. Potential Negative Impacts of State Intervention:
The proposed state intervention in ECD could inadvertently drive educational entrepreneurs out of the sector, limiting the availability and diversity of ECD options. This shift could result in ECD being offered predominantly through state-controlled schools, potentially leading to a reduction in the quality and variety of ECD programs available.
5. Urgency for Legislative Inclusion:
While there are plans to introduce legislation on ECD in the Portfolio Committee on Social Development post-elections, it is imperative that this issue be addressed now within the BELA Bill and by the National Council of Provinces (NCOP).
Even if the initial step is to outline fundamental principles to be respected, it is crucial that the legislative framework starts to reflect the importance and necessity of ECD in our education system.
6. Practical Impacts
According to Census 2022 at least 50 000 6-year-olds would become subject to compulsory education. These children are not currently attending ECDs. The parents of these learners would have to either place them in ECDs or home school them.
The provincial education departments currently struggle to process the few thousand applications they get a year from home schoolers. These departments do not have the capacity to register a fraction of these learners. This will be compounded by the requirement that all unregistered home schoolers register within 30 days of the Bill passing.
I, therefore, ask for the Bill to be amended in the following manner:
1) Add a section to the Bill that includes all ECD, specifically from Grade RRR to R.
2) The provinces be required to, by notice in the provincial gazette, set out requirements for registration and that these be agreed with the sector. These must be realistic.
3) That freedom of thought, conscience, and religion be protected and a clause be added that specifically allows for the use of curricula or programmes chosen by the ECD practitioner.
4) The compulsory age for schooling should not be extended, for now, and this should rather be done in a later bill that focusses exclusively on ECD and that is agreed to after wide consultation with the sector and civil society.
Furthermore, I request that:
1) The Minister immediately establishes a representative committee of ECD practitioners and parents to advise her. This should be done in terms of Clause 6 Section of the BELA Bill and the National Education Policy Act.
2) Current and stalwart ECD practitioners must be the majority of representatives when determining what qualifications are required for ECD practitioners. This must be decided “in consultation with” practitioners.
3) Generous and free Accreditation for Prior Learning and Recognition of Prior Learning provisions must be in place to ensure that ECD practitioners’ wealth of experience is recognised. Experienced ECD practitioners should not be forced to sit formal exams. A ‘grandfathering’ clause that allows current practitioners to be free from qualification requirements should be introduced.
4) That the planned R20bn that is earmarked to be spent on Grade R must be allocated on an equitable share basis across all ages. These funds must be split fairly between public schools and independent ECDs.
5) State intervention in the sector must not lead to existing ECDs being closed. All State intervention must pass the test of ensuring the independent ECD sector grows.
7. Conclusion
In conclusion, the inclusion of ECD in the BELA Bill is not just a legislative necessity but a moral imperative aligned with global educational goals and standards. It is essential to recognize the invaluable role that ECD plays in the foundational development of our children and, by extension, our society. I urge the Committee to consider these points with the utmost seriousness and to take decisive action to incorporate ECD into the BELA Bill .
Respectfully submitted,
[Name and surname]
[Email]
[Daytime telephone number]
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