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KZN Education Department summoned by SAHRC amid funding failures

Thami Magubane|Published

The KwaZulu-Natal Department of Education is under scrutiny from the Human Rights Commission due to failures in funding public schools.

Image: IOL

The KwaZulu-Natal Department of Education has been dragged before the SA Human Rights Commission due to numerous failures, including the failure to pay the money for norms and standards to schools.

The Head of Department, Nkosinathi Ngcobo, recently informed members of the Education Portfolio Committee that he had been summoned by the commission to appear before it to account for various complaints against the department. Ngcobo was speaking to the members of the Education Portfolio Committee, where department officials briefed the committee on the state of the department. He stated that among the complaints raised by the commission with him was the failure to pay money for norms and standards owed to schools.

“Norms and standards” is the money the government allocates to public schools each year to run the school. The amount is not fixed, but depends on the categorisation of the school. For instance, a quintile 1 school, which is a school in a poorer area, is allocated more than schools in richer areas. This allocation covers day-to-day operational costs, including stationery, learning materials, electricity, water, minor repairs, and cleaning materials.

As a result of not receiving this funding, some principals have been forced to cover school expenses out of their own pockets, while some schools have failed to pay for municipal services. This revelation comes as the department has acknowledged that it is not in a position to pay the norms and standards to schools this year, which are due in May. It also stated that it anticipates legal action from civil society after revealing that close to 40,000 learners could lose access to the government-funded scholar transport system due to the funding crunch.

Ngcobo, the Head of the Department, said they are certain they will face legal action: “It is not a question that we will be taken to court over cutting school transport. There is already action. I might as well tell the committee that last week, I was called to appear before the Human Rights Commission regarding concerns over scholar transport, textbooks, and the failure to pay the money for norms and standards to schools. So, it’s not a question of whether we might face legal action; we already are,” said the HOD.

MEC Sipho Hlomuka said that the only option was to ask for an advance from the provincial treasury, as had happened in the previous financial year. "We have a very serious situation; we are not going to be able to pay the money for norms and standards that are due in May. We will be engaging with the premier and taking the matter to cabinet, asking the provincial treasury for an advance.”

DA committee member Sakhile Mngadi warned that the financial situation within the department was unsustainable and that there is a need for management between the provincial treasury and the department to assess the extent of the problem and the impact of the treasury intervention in the department. He cautioned that the financial state of the department has the potential to bring down the entire province.

Committee member Fikile Maseko of the ANC also called for an investigation into how the department is funded, expressing concerns that the department is allocated far less by the national government than it should receive, given that it is the largest schooling province in the country.

The chairperson of the committee, Hlengiwe Mavimbela, said the department should be supported in its quest to obtain an advance from the provincial treasury, asserting that it is unacceptable for schools not to receive their money for norms and standards.

The commission’s provincial manager Pavershree Padayachee confirmed that Ngcobo was subpoenaed to appear before the commission’s KZN Provincial Office in a hearing chaired by Commissioner Tshepo Madlingozi. She said Ngcobo was asked to explain the department’s non-responsiveness and lack of co-operation with regard to matters being investigated by the commission.

“Some of the issues raised related to the lack of provision for learner transportation particularly at special schools, delays with the payments of norms and standards funds which impacted negatively on the operations of schools in the province. During the hearing, the HoD tendered an apology to the commission for the lack of co-operation from his office and provided an undertaking to ensure his department’s full co-operation going forward.”

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