THE MIGRATION OF EARLY CHILDHOOD DEVELOPMENT ECD FROM

THE MIGRATION OF EARLY CHILDHOOD DEVELOPMENT (ECD) FROM THE DEPARTMENT OF SOCIAL DEVELOPMENT TO THE DEPARTMENT OF BASIC EDUCATION Presentation to the ELRC 7 April 2021

OUTLINE OF THE PRESENTATION 1. Purpose of the presentation 2. Background 3. Progress on ECD Function shift: 1. Legislation and contracts 2. Human resources 3. Communication and stakeholder engagement 2

PURPOSE OF THE PRESENTATION To present to the ELRC workstream a presentation on the following: • Developments regarding the migration of ECD from DSD to DBE. • Way forward. 3

BACKGROUND: • NDP: FUNCTION SHIFT “There should be a policy and programme shift to ensure that the Department of Basic Education takes core responsibility for the provision and monitoring of ECD”. • ANC’s 54 th National Conference: “The ANC must ensure there is systematic relocation of the responsibility of ECD from the Department of Social Development to the Department of Basic Education. ” • National Integrated ECD Policy “There should be a policy and programme shift to ensure that the Department of Basic Education takes core responsibility for the provision and monitoring of ECD. ” 6

BACKGROUND: FUNCTION SHIFT February 2019 SONA the President directed that: “the responsibility for ECD centres will be migrated from the Department of Social Development to the Department of Basic Education” 7

PROGRESS ON ECD FUNCTION SHIFT 8

GOVERNANCE STRUCTURES • This is a transversal process and affects both Educators and PS issues. • An inter-departmental Project Management Team has been established and meets weekly. • The PMT consist of officials from both DSD and DBE. • The following Inter-departmental, inter-provincial technical teams have been set up and are meeting regularly ü Team 1: Human resource management & labour relations; ü Team 2: Finance and budgets; ü Team 3: Movable and immovable assets; ü Team 4: Data, information, monitoring & evaluation; ü Team 5: Legislation, policies, contracts & claims etc. ; and ü Team 6: Stakeholder management & communication ü Team 7: ECD Programme implementation 9

CONTEXT TIMELINES • Intended: 1 April 2021 deadline- National Treasury. • Ambitious date. • National Treasury, DPSA, DBE and DSD recommended that the times lines for ECD migration be reviewed. • Revised date: April 2021. 10

CONTEXT TIMELINES • Sign the Proclamations in April 2021, but specify the date of implementation to be 1 April 2022. • Process includes the of following: • Identification of the budget to transfer from DSD to DBE; • Identification of posts responsible for ECD function; • Identification of assets and infrastructure to migrate from DSD to DBE; • Consultation with affected staff and organised labour; • Review Organisational structures; and • Finalise joint- submission for determination by DBE and DSD. 11

REVISED TIME LINES Stakeholder Engagement ECD Diagnosis: What does the function entail? (Mar-Nov 20) Governance structures: Meet regularly with provinces Finalisation of the Proclamations (Jan – Mar 21) Conclude ringfencing and consultation (by Jun 21) Budget cycle process (Jun – Sept 21) Date of function shift implementation: 1 April 2022 12 Function shift concluded (April 22)

PROGRESS: LEGISLATION AND CONTRACTS • Revised the Proclamations; • Concurrence were reached between the two departments regarding the scope of the function shift; • Draft Provincial proclamations have been shared with the State Law advisors in the provinces for inputs; • Proclamations have been updated to include the 1 April 2022 date of implementation; • Final Proclamations, the President’s Minute and the President’s Note have been sent to the Office of the Chief State Law Advisor; and • The MOU between the Departments is being drafted. 13

PROCLAMATIONS • Chapter 5 of the Children’s Act, 2005 (Act No. 38 of 2005) and all amendments thereto, in respect of only partial care facilities that provide early childhood development services as defined in section 91(2) and early childhood development programmes as defined in section 91(3) of the Children’s Act; • Chapter 6 of the Children’s Act, and all amendments thereto; • Sections 306, 307 and 308 of the Children’s Act, and all amendments thereto, in respect of early childhood development services and early childhood development programmes; and • Date of implementation will be 1 April 2022. 14

NEW DBE FUNCTIONS NATIONAL National Strategy: Include in the departmental strategy a comprehensive national strategy aimed at ensuring an appropriate spread of partial care facilities & securing a properly resourced, coordinated and managed ECD system; Legislative and policy development; Set national norms and standards for partial care facilities and ECD Programmes; Promulgate regulations where relevant; To provide support, guidance and capacity development opportunities to provincial departments on early childhood development services; and To monitor the way in which provincial departments of social development implement national policies, norms and standards. 15

NEW DBE FUNCTIONS PROVINCIAL Ensure that national policies, legislation, strategies and priorities are implemented within the means of the provincial department; Develop Provincial strategy: Within the national strategy contemplated and provide for a provincial strategy to ensure an appropriate spread of partial care facilities and ECD Programmes in the province; Record-keeping: Maintain a record of all the registered partial care facilities & ECD programmes in the province, indicating the types of partial care facilities and the number of each type of facility (insofar as they provide ECD services); and Data for planning: Compile a provincial profile at the prescribed intervals in order to make the necessary information available for the development and review of the strategies. 16

NEW DBE FUNCTIONS PROVINCIAL Inspections and enforcement: Conduct inspections at the prescribed intervals of partial care facilities in the province. Provision and funding of partial care & ECD programmes: Partial care facilities and ECD Programmes may be funded from money appropriated by the relevant provincial legislature (insofar as they provide ECD services); and To provide transfer payments for ECD services in line with the existing financing policies and guidelines. Registration of partial care & ECD programmes: Partial care facilities and ECD programmes must be registered with the provincial government of the province where that facility is situated; and Keep a provincial register of all registered ECD services. 17

NEW DBE FUNCTIONS PROVINCIAL Conditional registration: The registration or renewal of registration of a partial care facility & ECD programme may be granted on such conditions as the provincial head of social development may determine, including conditions. Cancellation of registration: The provincial head of social development may cancel the registration or conditional registration of a partial care facility. Appeal and review of certain decisions: An applicant or a registration holder aggrieved by a decision of a provincial head of social development in terms of chapter 5 (or ECD Programme chapter 6) of the Act may lodge an appeal against that decision in the prescribed form within 90 days with the MEC for social development, who must decide the appeal within 90 days of receipt thereof. 18

LEGISLATION AND CONTRACTS NEXT STEPS: Planned Activity start Update proclamations with new dates 01 -Feb-21 Get approval on the future dates from OCSLA 18 -Feb-21 Provincial meeting to comment on the draft Proclamation 15 -Mar-21 Proclamations translated 22 -Mar-21 Revise MOU between DGs and Ministers 27 -Feb-21 Develop a contract register outlining existing contracts 01 -Oct-20 Finalise and agree on MOU and DGs to table with Ministers 15 -Mar-21 Ministers and DGs to sign-off the MOU 22 -Mar-21 Proclamations gazetted 26 -Mar-21 Review and transfer SLA's with NPOs 01 -Apr-21 Finalise draft joint NMOG/PMOG submission 01 -Feb-21 19 Date completed 18 -Feb-21 15 -Mar-21 20 -Mar-21 26 -Mar-21 12 -Mar-21 19 -Mar-21 20 -Mar-21 26 -Mar-21 23 -Apr-21 30 -Mar-22

HUMAN RESOURCES AND LABOUR RELATIONS PROGRESS • Working with the legal workstream, identified the powers & functions that could/should be transferred; • Identified legal and labour requirements for the function transfer to happen as per policy pronouncements & considering PSA/PSR, LRA & NMOG/PMOG requirements; • Developed the criteria to be used for the ring-fencing of the staff complement; • Consultation with organised labour will commence when the proclamations are finalised; • Consultation with/on affected staff will take place in the departmental bargaining chambers after consultation at Public Service Coordinating Bargaining Chamber. 20

ECD PROGRAMME IMPLEMENTATION NEXT STEPS ECD LINE FUNCTION Identify processes and collect tools used to assess registration of ECD centres Readiness assessment of ECD centre registration by DBE Develop a plan for managing registration of ECD centres with DBE Develop a plan for assessing new applications for registration with DBE Develop a plan for conducting assessment audits in line with norms and stds Staff to manage registration onboarded by DBE 25 -Jan-21 Apr-21 01 -May-21 01 -Jun-21 30 -Jun-21 01 -Jul-21 30 -Jul-21 01 -Aug-21 30 -Aug-21 01 -Sep-21 30 -Mar-22 34

RECOMMENDATION It is recommended that the ELRC notes status report on ECD Migration Process and Progress. 36