Parliament, Saturday, 6 March 2021 – The Portfolio Committee on Social Development deliberated and took a decision to reject the clauses which provide for Early Childhood Development (ECD) in the Children’s Amendment Bill.

On Friday, the committee sought and received legal advice regarding the consultation by the Department of Social Development (DSD), stakeholders, interested and affected parties, that took place prior to the introduction of the Bill.

The South African Local Government Association (Salga) and the Department of Basic Education (DBE) informed the committee that the DSD had not consulted them on the Bill as directed by the Constitution and the law.

The Chairperson, Mr Mondli Gungubele, emphasised that the committee wants to have the Bill ready and finalised within the time frames so as to meet the North Gauteng High Court’s deadline.

“The committee is committed to passing the Bill in line with the directions of the court with respect to the comprehensive foster care framework. The Constitution requires all of us to work collaboratively and not just tick a box. This relationship should be optimised so that the best out of it is achieved.”

In order to comply with the court judgement and to correct the stated defect which resulted from the lack of consultation prior to introducing the Bill, the committee was advised that it could reject those aspects of the Bill which were defective and proceed to process the rest of the provisions of the Bill.

The department informed the committee that it would set up a technical team that will consist of Parliament, DSD, Salga, Office of State Law Advisor and DBE to look at ECD-related clauses and provide a way forward.

The committee was informed that Parliament will hold sittings of the whips on 9,10 and 19 March 2021, which will coincide with the dates that were scheduled for public hearings. It is compulsory for all Members of Parliament to attend them. The committee was then advised to amend its programme. The committee therefore suspended the public hearings until further notice.

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT, MR MONDLI GUNGUBELE. 

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