PORTFOLIO COMMITTEE ON BASIC EDUCATION 10th October 2017 National Investigative Hearing into the Impact of Protest-related Action on the Right to a Basic Education in South Africa PORTFOLIO COMMITTEE ON BASIC EDUCATION 10th October 2017

PRESENTATION OUTLINE Purpose Background and Introduction Processing the Report in the Sector and within Government Structures: Progress Update Next Steps Conclusion

PURPOSE To provide the Portfolio Committee on Basic Education with a progress report on the processing of the report of the South African Human Rights Commission (SAHRC)

BACKGROUND Since the release of the report of the SAHRC on the National Investigative Hearing into the Impact of Protest-related Action on the Right to a Basic Education in South Africa on 15 September 2016, the Department of Basic Education (DBE) has worked to take forward the matters raised in the report within the Education Sector. Following guidance received at the meeting of the Portfolio Committee on Basic Education on 17 May 2017, the DBE has embarked on a number of processes to ensure that the report is shared both within the sector and broadly within government, as well as with the public. This presentation therefore provides a progress update on the processing of the report of the SAHRC in line with the above.

BACKGROUND Given the extensive nature of the consultation that was required for the DBE to adequately respond to the SAHRC report, on 09 December 2016, the Minister wrote to the SAHRC to request an extension. The SAHRC granted the extension on 20 June 2017 to accommodate, amongst others, recommendations made in the meeting of the Portfolio Committee. The DBE has started working with the SAHRC to comprehensively deal with the findings and recommendations, as well as with other matters that continue to impact on the enjoyment of the unfettered right to a basic education. This is happening parallel with consultations with other government departments The process to share the findings and recommendations has started and presentations have already been made to and responses obtained from various strategic structures and/or forums. The following table outlines these as well as presentations still to be made.

PROGRESS TO DATE NAME OF STRUCTURE/FORUM DATE OF PRESENTATION SUMMARY OF RESPONSES South African Principals Association (SAPA) 26 May 2017 The presentation was well received. SAPA will cascade information through their structures in the various provinces. Key advice was for the DBE to strengthen collaboration with other government departments. National Consultative Forum (NCF) 08 June 2017 Well received and noted by the NCF. Responses need to be government-wide as the matter goes beyond the constitutional mandate of the DBE. Forum of District Directors (Minister’s meeting) 30 June 2017 Noted and well received. Protests are a serious threat to the performance of the system. Government needs to address the underlying causes. Heads of Department Committee (HEDCOM) 13 August 2017 The issue of protests needs a government-wide response. Council of Education Ministers (CEM) 12 September 2017  The DBE must receive concurrence from affected departments

PROGRESS TO DATE NAME OF STRUCTURE/FORUM DATE OF PRESENTATION SUMMARY OF RESPONSES Social Protection, Community and Human Development (SPCHD) Cluster 30 August 2017 Recommendations to Cabinet must be very clear – particularly on establishment of National Response Team.. The National Response Team must be based on existing government structures National Response Team must be led by COGTA and should include the JCPS Cluster, Education, etcetera. DBE must present to other affected clusters ahead of processing for Cabinet. The DBE to revert to the SPCHD Cluster with the report before taking it to Cabinet Governance and Administration Cluster 05 October 2017 Get concurrence of implicated departments individually and not only through clusters. Recommendations to Cabinet must be very clear – particularly on establishment of National Response Team.

NEXT STEPS The DBE has had working sessions with the SAHRC at different levels. Bilaterals on key areas such as LTSM and Infrastructure; Preparations for a technical working session between the DBE and the SAHRC. The session will reflect on the SAHRC recommendations and their practical implementation. The technical working session will also consider related matters that the SAHRC has identified that may compromise the enjoyment of the right to a basic education by our learners. The areas include: school codes of conduct and their impact on learners’ rights; undocumented learners; the provision of learning and teaching support materials (LTSM); access to quality and inclusive education for learners with disabilities; and corporal punishment in schools.

NEXT STEPS: CONSULTATIONS/WORKING SESSIONS NAME OF STRUCTURE/FORUM DATE OF PRESENTATION ENGAGEMENT CONFIRMED/NOT YET CONFIRMED South African Human Rights Commission (SAHRC) 12 October 2017 Confirmed Justice, Crime Prevention and Security (JCPS) Cluster 17 October 2017 TBC Social Protection, Community and Human Development Cluster 15 November Cabinet Presentation

NEXT STEPS: DEVELOPMENT WORK Activity Update Develop and implement a broad communication strategy to a) publicize findings of report emphasizing impact on education; b) educate communities on what constitutes criminal actions and b) possible consequences. Draft work being done in DBE but to be concretized as part of the National Response Team. Develop guidelines for schools and districts on protocols to be followed to manage the impact of protest actions on learning and teaching.

CONCLUSION The DBE believes that the SAHRC report has provided a good opportunity for the country to deliberate honestly on the ways in which conditions that undermine the uninhibited enjoyment of the right to a basic education should be dealt with. The DBE will continue to cooperate fully with the SAHRC as they work with other government departments to minimise the negative impact of protest action on learning..