Gender inclusion: Department of Basic Education follows a controversial approach

2 December 2022

A drawn-out process of written questions and follow-up questions to the Minister of Basic Education, Angie Motshekga, has finally painted somewhat of a picture of the Department's plans with "Sexual orientation, Gender identity, Gender expression and Sex characteristics" (or SOGIESC for short).

The conclusion is that the Department is following a one-sided, ideologically laden process by using a specific interpretation of the Constitution as a guide. While serious shortcomings in the South African educational system are destroying learners' future careers, the Department is spending time, money and initiative on a highly contestable approach to gender inclusion.

A comprehensive analysis of the questions and replies is presented below, while the full list of questions and replies is attached separately as well.

In an exchange of questions and replies between the FF Plus and the Minister of Basic Education, which spanned two months, a picture unfolded of what the Department is planning with regard to so-called "gender inclusion" in public schools.

It all started when the organisation FOR SA (Freedom of Religion South Africa) approached the FF Plus with information in their possession indicating that there are plans to implement far-reaching changes in this area in January 2023. They were unable to obtain any information from the Department and requested parliamentary assistance.

A series of eight written questions and replies concludes with the promise that the FF Plus may inspect the "Draft Guidelines" once consultation with internal stakeholders has taken place. And then it is to be made available for public comment.

In other words, the document remains a secret; but at least implementation will not commence in January.

We are allowed to know, though, that it was drafted in 2021/22 with funding from UNESCO amounting to $15 000 (approximately R270 000).

In the course of the two months, the FF Plus was able to obtain a copy (only a hard copy) of the guidelines from another source and the party issued a statement on it. The objective was to do the comprehensive nature of the recommendations justice, but the media fixated on "unisex bathrooms".

The topic of bathrooms is but a small subsection of the document that essentially aims to remove gender from schools. A reality where gender does not exist is envisioned. There are to be no gender distinctions in school uniforms, pronouns, forms of address, learning activities and sport.

Children who want to undergo medical procedures to prevent puberty or change their gender should, according to the document, have the right to decide to do so from twelve years of age – without consent from their parents. And schools are meant to help make this possible.

The Department must cooperate with various organisations to distribute information on the matter to schools in order to "sensitize" them. At present, this is done through the provincial departments of education and district offices.

The consideration and inclusion of comments will hopefully be concluded by March 2023, but will only be released in June 2023. Meanwhile, comments can be submitted to [email protected] until 31 December 2022. But how can one submit a comment without having access to the document in question?

These guidelines are not applicable to Early Childhood Development (which is currently being transferred from the Department of Social Development to Basic Education).

The reason? Such centres are already participating in a purpose-made intervention programme called “Gender Responsive Pedagogy for Early Childhood Education" (GRP4ECE), which follows a play-based learning approach. Learning materials amounting to R20 million were funded by the ETDP SETA in 2022.

At the root of all this lies the South African Constitution – or, at least, a specific interpretation thereof. It revolves around the provision that one may not discriminate based on the grounds of race, gender and everything else that may be discriminated against. The question is whether this is the only way.

In the Minister's mind, there is only one way – and that is the way that the Department arrived at by following its highly selective process. At the heart of the process is the Department's unit for “Social Cohesion and Equity and Education”.

This unit has launched many educational projects with the help of other organisations. The Department did not receive any money from these organisations, but it did afford them the leeway to contribute to the set objective at their own cost. Not all projects are relevant to this discussion.

Groups created to help formulate policy comprise the “Social Inclusion in Education Working Group". They are a group of like-minded organisations to which the Department reached out, because the Department's own ability is limited.

There was indeed an attempt to include organisations that advocate for family values, but due to extreme differences in opinion, it was abandoned. Seeing as their voice is valuable and pertinent, they will be consulted – something which has reportedly already started, but no details are provided.

The Department's approach comes down to viewing any criticism of its process and conclusions as meaning that you support the opposite side. In other words, if you do not like it, you believe that children who fall outside of the binary gender categories must be bullied and excluded.

If there were any genuine intention to find a solution to the problem of bullying and exclusion, the process would have started with determining the extent thereof. Then there should have been an open invitation to submit comments about how to overcome the problem. School governing bodies, churches and parents would have been able to make a contribution as well.

The constitutional instruction is to provide quality education to all children. Nobody can fault that. What is happening here, though, is not an attempt to execute that instruction, but a hijacking of education under the pretext of the Constitution.

Text of replies:

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 19/09/2022

INTERNAL QUESTION PAPER: 27/2022

2522. Mr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

 (1) Whether her department is working on a gender-sensitivity policy document; if not, what is the position in this regard; if so, (a) what timelines are involved and (b) will she furnish Mr W J Boshoff with the proposed policy document;

(2) which organisations are involved with the drawing up of the proposed policy document;

(3) (a) what are the (i) goals and (ii) mandate for the Social Cohesion and Equity in Education unit and (b) where will the funding for the specified unit be sourced from?

Response

(1) The Department is not working on a gender-sensitivity policy per se. The DBE is preparing to consult on a set of guidelines for Sexual Orientation Gender Identity, Expression and Sex Characteristics.

(2) The DBE has collaborated with the Social Inclusion in Education Working Group to address the human rights and needs of gender and sexual minorities in education.

(3)(a)(i)The goals of the Social Cohesion and Equity in Education unit are linked to the National Development Plan as follows: In 2030, South Africa will be a society where opportunity is not determined by race or birth right, and where citizens accept they have both rights and responsibilities. We will be a united, prosperous, non-racial, non-sexist and democratic South Africa. The Social Cohesion and Equity in Education unit translates this goal for the school setting. 

(ii) The mandate of the Social Cohesion and Equity in Education unit is to lead the transformational agenda of the basic education sector, with a focus of how transformation manifests in schools. 

(b) The work of the Social Cohesion and Equity in Education unit is mainly funded through the Basic Education Budget Vote. Supplementary funding sources are sometimes obtained through social partners, development agencies and international organisations to support the mandate. 

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 21/10/2022

INTERNAL QUESTION PAPER: 40/2022

3780. .          Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

Whether, with reference to the reply to question 2522 on 10 October 2022, she will furnish Dr W J Boshoff with a complete list of all (a) supplementary funding, (b) donations and/or (c) other types of contribution towards the Social Cohesion and Equity in Education unit since 2019, with specific reference to the (i) donor and (ii) country of origin; if not, why not; if so, on what date ï

Response

The requested information is outlined in the attachment. It should be noted that none of these were direct payments and transfers to the Department of Basic Education (DBE). Each of the contributing partners managed their own financial contributions towards the corresponding projects.

SUPPLEMENTARY FUNDING, DONATIONS AND OTHER TYPES OF CONTRIBUTIONS TOWARDS THEW SOCIAL COHESION AND EQUITY UNIT SINCE 2019

In the National Assembly, Honourable Dr W J Boshoff (FF Plus) asked the Minister of Basic Education whether, with reference to the reply to question 2522 on 10 October 2022, she will furnish Dr W J Boshoff with a complete list of all (a) supplementary funding, (b) donations and/or (c) other types of contribution towards the Social Cohesion and Equity in Education unit since 2019, with specific reference to the (i) donor and (ii) country of origin; if not, why not; if so, on what date? 

The following table outlines the information requested. It should be noted that there were no direct transfers or payment made to DBE for the outlined contributions. Each of the partners was self-managing the budgets, providing the requisite goods and services towards the respective projects.

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 21/10/2022

INTERNAL QUESTION PAPER: 40/2022

3781. .          Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

Whether, with reference to the reply to question 2522 on 10 October 2022, she will furnish Dr W J Boshoff with a complete list of all (a) supplementary funding, (b) donations and/or (c) other types of contribution towards the guidelines for Sexual Orientation, Gender Identity and Expression and Sex Characteristics since 2019, with specific reference to the (i) donor and (ii) country of origin; if not, why not; if so, on what date?

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 21/10/2022

INTERNAL QUESTION PAPER: 40/2022

3782. Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

Whether, with reference to the reply to question 2522 on 10 October 2022, she will furnish Dr W J Boshoff with a complete list of all (a) supplementary funding, (b) donations and/or (c) other types of contribution towards the Social Inclusion in Education Working Group since 2019, with specific reference to the (i) donor and (ii) country of origin; if not, why not; if so, on what date?

Response

The Social Inclusion in Education Working Group is a South African based group of like-minded civil society organisations and interest groups working in the space of social inclusion and diversity management. It is convened by the DBE on a voluntary association basis. It is an unfunded working group. Each of the members contributes resources for their own participation in the group towards the common purpose of the working group.

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 11/11/2022

INTERNAL QUESTION PAPER: 47/2022

4220. Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

With reference to the reply to question 2522 on 10 October 2022, what (a) will be the process for the roll-out of the guidelines, (b) steps (i) will be taken and (ii) have been taken to prepare for the roll-out of the guidelines and (c) public participation process would be implemented for the guidelines with specific reference to the (i) timelines, (ii) publication and (iii) person to whom comments will be sent?  

Response

(a) The Department of Basic Education (DBE) will be collaborating with the Education Labour Relations Council (ELRC), South African Council for Educators (SACE), South African Human Rights Commission (SAHRC), School Governing Body (SGB) Associations, South African Principals' Association (SAPA), Education Faculties of Universities and Civil Society Organisations on a dissemination and sensitisation programme for schools.

(b)(i) As the document was endorsed by Council of Education Ministers (CEM), it will need to be re-tabled at CEM for final approval and publication, followed by a dissemination and sensitisation programme for schools.

(ii) The DBE has commenced consultations and engagements with relevant education stakeholders nationally.

(c) The DBE is currently in the process of consultations and engagements with relevant education stakeholders, working through Provincial Educations Departments (PEDs) and Education District Offices.

(i) The DBE is ambitiously aiming to conclude the consideration and incorporation of submitted comments by March 2023.

(ii) Due to delays already experienced in carrying out the consultations that are underway, the process may take a further three (3) months to June 2023 before publication.

(iii) Comments may be sent to [email protected] by 31 December 2022

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 11/11/2022

INTERNAL QUESTION PAPER: 47/2022

4221.  Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

(1) Whether, with reference to the reply to question 3782 on 2 November 2022, she will furnish Dr W J Boshoff with the names of all the like-minded civil society organisations and interest groups that are part and have formed the Social Inclusion in Education Working Group since its establishment; if not, why not; if so, what are the relevant details

(2) (a) how were the groups brought together and (b) were they brought together by her department;

(3) whether there is a possibility that civil society organisations representing family values can form a working group with her department; if not, what is the position in this regard; if so, will she and her department support such organisations and consider their counsel?

Response

(1) The list of the like-minded civil society and interest groups that are part of the Social Inclusion in Education Working Group is enclosed.

(2) (a) Although the intention of the working group is to address all social inclusion matters, when it was established, it sought to address in the meantime the burning issue of socio-educational inclusion of diverse sexual orientation, gender identitiy, expression and sex characteristics. Due to limited capacity internally at the Department of Basic Education (DBE), it was important to reach out to civil society organisations that work daily at the coalface of similar issues at school and community level, to ensure an efficient, effective, relevant and appropriate education sector response. Establishing a working group is recommended to maintain stakeholder relations.

(b) Yes

(3) The DBE has previously attempted to incorporate civil society organisations representing family values in the working group. However, this approach to group composition proved to be a challenge due to extreme differences in opinion. As such, the DBE has opted to openly engage with civil society organisations representing family values separately, as their voice is valuable and essential in addressing discrimination and oppression of children from a family values perspective. These engagements have already begun.

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 11/11/2022

INTERNAL QUESTION PAPER: 47/2022

4222. Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

(1) With reference to the reply to question 3781 on 2 November 2022, what are the (a) requirements and/or (b) directives that came with the funding of the Socio-Educational Inclusion of Diverse Sexual Orientations, Gender Identities, Expression and Sex Characteristics programme;

(2) whether her department applied for the specified programme; if not, was it simply offered to them; if so, what are the relevant details;

(3) whether her department was given a mandate to be involved in such a programme; if not, what (a) is the position in this regard and (b) are the reasons that her department felt it was important to be involved in the programme; if so, by whom?

Response

(1) (a) the requirements for the UNESCO funding Socio-Educational Inclusion of Diverse Sexual Orientations, Gender Identities, Expression and Sex Characteristics programme were seeking services of a consultant to help the Department of Basic Education (DBE) draft guidelines for schools.

(b) there were no particular directives that came with the funding.

(2) The programme supports the realisation of Pillar 10 (a Rights-based Socially Cohesive and Inclusive School Environment) in the operational framework of the DBE on Care and Support for Teaching and Learning (CSTL). The intention is to ensure social justice and inclusion of previously marginalised minorities.

(3) The DBE is mandated by the Constitution to carry out this work. It is important for the education sector to be deliberate and intentional in addressing discrimination, prejudice and related intolerances that seem to prevent children from realising their inalienable right to education and undermine the constitutional gains of a democratic South Africa.

Response

The development of the Draft Guidelines for the Socio-educational Inclusion of Diverse Sexual Orientations, Gender Identities, Expression, and Sex Characteristics was funded by the United Nations Educational, Scientific and Cultural Organisation (UNESCO) in 2021/22 and the total cost was up to $15000 (approximate R270 000).

DATE OF PUBLICATION OF INTERNAL QUESTION PAPER: 18/11/2022

INTERNAL QUESTION PAPER: 49/2022

4307. .          Dr W J Boshoff (FF Plus) to ask the Minister of Basic Education: to ask the Minister of Basic Education:

(1) Whether, with reference to her reply to question 2522 on 10 October 2022, the guidelines for Sexual Orientation, Gender Identity and Expression and Sex Characteristics that her department is consulting on, would include (a) early childhood development centres and/or (b) kindergartens; if not, why not, in each case; if so, what are the relevant details in each case;

(2) whether she will furnish Dr W J Boshoff with a draft of the specified guidelines; if not, why not; if so, what are the relevant details?

Response

(1) No, because the ECD centres participate on a more tailor-made intervention programme called Gender Responsive Pedagogy for Early Childhood Education (GRP4ECE), which is meant to promote gender equality through play-based learning, thereby addressing discrimination, School-related Gender-based Violence (SRGBV) and bullying on the basis of gender.

(2) Yes, once the internal consultation with stakeholders is complete and the Draft Guidelines are put out as the latest version for public comment. 

ADJUSTED BUDGET DEBATE 2 DECEMBER 2022

Question by dr. WJ Boshoff:

The adjusted budget for basic education does not show a marked difference from the original one.

The problem is that there is money used in the department which is, according to an answer from the minister, derived from donations – some from overseas, and some from domestic institutions.

Donated money is used to fund, amongst others, the program for inclusion of Sexual Orientation, Gender Identity, Gender Expression, Sex Characteristics, according to a specific ideological framework. This is already implemented in the ECD phase; a project for which the EDTP SETA provided R20 million.

Are donations and the programmes on which these are expended laid before parliament?

Answer by dr. Reginah Mhaule

The question on comprehensive sexual education: (not the real topic) Donors. Yes, it’s a fact, we do receive donors from UN agencies. But, because it’s not a matter that is in the APP (Annual Performance Plan) we include that in the annual report. When we present an annual report we indicate everything that came through all donors, even those that might be coming through the province.

ENDS

Statement issued by Dr. Wynand Boshoff/ FF Plus MP and chief spokesperson: Basic Education, 2 December 2022