The Department of Basic Education (DBE) welcomes the settlement reached with Equal Education (EE) today 11 July 2013, to publish Minimum Norms and Standards for School Infrastructure as an order of court. The agreement is a victory for the department since it is what the department had requested from the NGO in the first place. The agreements comes into effect immediately, and allows the Minister to publish the norms and standards for public comments by 12 September 2013 and promulgate them by the end of November 2013. This agreement follows continuous discussions between the DBE and Equal Education regarding the publication of Norms and Standards for School Infrastructure.
In 2012, the DBE submitted draft norms and standards to the Council of Education Ministers for discussion and consideration. Various concerns were raised by MECs with regards to the norms being too optimal with regard to budgetary constraints and lack of flexibility. CEM recommended that the draft norms be adopted as a framework to guide Provinces. The framework provides a basis for benchmarking school facilities, and serves as guidance on the basic mix of education resources required to facilitate the functionality of a school. Up to this day all new school infrastructure in place complies with these draft norms.
However, Equal Education applied to the Bisho High Court to compel the Minister of Basic Education to proclaim the norms. The NGO argued that the draft norms did not have a binding effect on the department, and wanted them to be made into Regulations that would bind the DBE.
Even though the South African Schools Act allows the Minister the discretion to proclaim or not to proclaim minimum norms and standards, the Minister opted to publish regulations, given the DBE’s commitment to providing minimum norms with regard to water, electricity, sanitation etc. To this end, an agreement was reached with EE that the DBE would consult with MECs and other stakeholders and publish the regulations by 15 January 2013 for public comments.
Indeed the regulations were published for public comments in terms of the agreement. Upon publication, however, approximately 35 submissions were received which called for the DBE to apply its mind to issues raised in the submissions. The Minister was of the opinion that these submissions were substantive and required serious consideration, which included a final report from NEDLAC, which was only received after the meeting with EE. This meant that the DBE needed time to refine the norms wherever appropriate, consult with stakeholders and thereafter, if necessary, publish.
CEM called an urgent meeting with EE to share perspectives and to discuss and understand their point of view. An open and frank meeting took place where the Minister re-emphasised the department’s commitment to publishing the minimum norms and standards. At the meeting, the Minister put three options on the table for discussion.
These were:
Option 1
- Minister to immediately publish the norms and standards, plus the optimal norms for purposes of compliance, without considering or paying adequate attention to the 35 submissions;
Option 2
- Equal Education to afford the Minister an extension of 6 months for the purpose of considering, refining, consulting and advertising the amended norms and standards;
Option 3
- In case Equal Education does not accept Option 1 or 2, the Minister will defend the matter in court.
Equal Education subsequently accepted option two as the Minister had requested, with a condition that the department pays all the legal costs. The department opposed this on the basis that Equal Equation should not have taken the matter to court in the first place. The matter has now been concluded on the basis that each party pays its own costs.
In conclusion, it is important to note the following:
- While there have been no norms and standards on infrastructure, provinces have been building schools that comply with the framework of minimum norms which have been adopted by CEM. All schools newly built and renovated have water, electricity, toilets, and administration blocks.
- It is important not to conflate the lack of norms and standards with poor governance. For example, other than the Eastern Cape in which government has now intervened and a new school is being delivered almost each week, the phenomenon of mud schools have virtually been eliminated in other provinces.
- The matter between DBE and EE was never about whether there should or should not be minimum norms and standards. The issue is about processes that have to take place for the finalisation of these norms.
