Parliament, Wednesday, 19 August 2020 – The Portfolio Committee on Basic Education noted with grave concern that legal challenges against the Department of Basic Education (DBE) have exponentially increased during the Covid-19 period in order to force it not to reopen schools.
Committee Chairperson, Ms Bongiwe Mbinqo-Gigaba, said although the exact costs are not known yet, the committee was informed last night during a briefing by the DBE on its fourth quarter expenditure that the costs for legal fees will be much higher in this financial year as the DBE has been taken to court nine times since the Covid-19 national disaster was declared in March this year.
The committee heard that in eight of the nine such court challenges, the court ruled in the favour of the DBE. “Four of the nine court challenges ended up in the Constitutional Court. This does not come cheaply and the department had to spend a great deal of money defending itself in court. This, coupled with the extra expenditure of personal protective equipment, will most likely impact on the services the department can render to our learners, especially the poor vulnerable ones,” said Ms Mbinqo-Gigaba.
The committee further heard that the department underspent its budget on the Second Chance Programme, which is aimed at providing support to learners who have not been able to meet the requirements of the National Senior Certificate (NSC) or the extended Senior Certificate (SC). This programme also involves “face-to-face” engagements, which according to the DBE, could not happen after the lockdown was announced.
Regarding the Accelerated Schools Infrastructure Delivery Initiative (Asidi) programme, which is aimed at replacing schools constructed from inappropriate materials and providing water and sanitation to schools, the committee heard that certain provinces were experiencing challenges and were underspending due to the underperformance of contractors appointed by implementing agents. This applies mostly to the Eastern Cape and KwaZulu-Natal, and in some instances penalty clauses are being enforced for underperforming contractors.
Ms Mbinqo-Gigaba said: “Although the committee has taken note of the interventions regarding Asidi in order to put things right, we are still of the view that a lot more needs to be done. We will remain vigilant regarding this programme and monitor it closely.”
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON BASIC EDUCATION, MS BONGIWE MBINQO-GIGABA.
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