REGULATIONS RELATING TO MINIMUM UNIFORM NORMS AND STANDARDS FOR PUBLIC SCHOOL INFRASTRUCTURE

1. I, the Minister of Basic Education, released a press statement on 12 September 2013, indicating that I have approved a set of draft regulations relating to minimum uniform norms and standards for public school infrastructure. These draft regulations were published in the Government Gazette for public comments on 12 September 2013, with the closing date for comments being 11 October 2013.

2. Comments were received from more than 33 education stakeholders. These comments were studied and evaluated, and, where appropriate, incorporated in the draft regulations. I wish to thank all the commentators for their efforts in this regard and for their invaluable inputs.

3. I am now happy to announce that, after consulting with the Minister of Finance and the Council of Education Ministers, I have approved a final set of regulations dealing with minimum uniform norms and standards for public school infrastructure. These regulations will be published in the Government Gazette on 29 November 2013.

4. Regarding the regulations the following needs to be noted:

4.1 The objectives of the regulations are -

a) to provide minimum uniform norms and standards for public school infrastructure;

b) to ensure that there is compliance with the minimum uniform norms and standards in the design and construction of new schools and additions, alterations and improvements to schools which exist when the regulations are published; and

c) to provide for timeframes within which school infrastructure backlogs must be eradicated.

4.2 Very crucial to the regulations, is the timeframes within which the Department of Basic Education and the provincial education departments need to implement the norms and standards provided for in the regulations. These important provisions can be summarised as follows:

(a) All schools built entirely from mud as well as those schools built entirely from materials such as asbestos, metal and wood must be replaced within a period of three years from the date of publication of the regulations.

(b) All schools that do not have access to any form of power supply, water supply or sanitation must be prioritised and provided with the above within a period of three years from the date of publication of the regulations.

(c) The norms and standards relating to the availability of classrooms, electricity, water, sanitation, electronic connectivity and perimeter security are to be prioritised and must be dealt with and implemented within seven years from the date of publication of the regulations.

(d) Specific focus must be placed on the norms and standards relating to libraries and laboratories for science, technology and life sciences and these norms and standards must be implemented within ten years from the date of publication of the regulations.

(e) All the other norms and standards contained in the regulations must be planned, prioritised and phased in before 31 December 2030. This latter timeframe is in line with the National Development Plan, which states that by 2030, all schools should have high quality infrastructure.

4.3 I would like to enjoin all the provincial education departments, including all education stakeholders, to work together to enable us to comply with the timeframes stipulated in the regulations.

4.4 Members of the Executive Councils of provincial education departments are required to annually provide the Minister of Basic Education with detailed plans on the manner in which the norms and standards are to be implemented. At the request of some commentators, more detail in regard to the contents of these plans has been provided for in the regulations. The plans should, inter alia, make provision for -

(a) the backlogs at district level that each province experiences in terms of the norms and standards;

(b) costed short, medium and long-term plans with targets;

(c) how new schools should be planned and maintained and how existing schools are to be upgraded and maintained; and

(d) proposals in respect of procurement, implementation and monitoring.

4.5 Members of the Executive Councils must also annually report to the Minister of Basic Education on the implementation of the plans. This will enable the Minister and the Department of Basic Education to determine progress that is made with regard to the implementation of the norms and standards as well as, very importantly, to determine progress with regard to compliance with the timeframes mentioned above.

4.6 The provisions in the regulations published for comments dealing with universal access have also been elaborated upon in the new version of the regulations. The regulations now clearly state that schools for learners with special education needs must be fully accessible, and such access includes ramps, handrails and space for manoeuvrability for all learners and educators. For this purpose, the following minimum Universal Design requirements are specifically provided for:

(a) Clear floor area in passages, walkways and points of ingress for people using wheelchairs and other mobility devices and aids.

(b) Parking for persons with disabilities to be located as close as possible to entrance areas.

(c) Ramps and handrails with regulated gradients, heights and spacing.

(d) Toilets for the disabled must meet the requirements of the National Building Regulations.

(e) All schools must be provided with adequate notice boards which are accessible for all users in the school building and which contain signage that is visible and legible.

(f) Tactile signage should be provided for learners and educators with impaired vision.

(g) Visual aids should be provided for communication with learners and educators who are deaf or hearing impaired.

(h) All other aspects of Universal Design must be compliant with the relevant requirements of the National Building Regulations and SANS 10-400.

4.7 As far as the siting of new schools are concerned, it is now also provided that, where practicable, a new school may not be located close to, or adjacent to -

(a) cemeteries;

(b) business centres;

(c) railway stations;

(d) taxi ranks;

(e) sewage treatment plants;

(f) public hostels;

(g) busy roads, unless adequate preventative measures have been taken to ensure the safety of the learners; and

(h) bottle stores and shebeens.

4.8 The regulations, furthermore, provide for all the norms and standards specifically mentioned in section 5A(2)(a) of the South African Schools Act of 1996, namely, classrooms, electricity, water, sanitation, libraries, laboratories for science, technology and life sciences, sport and recreation facilities, electronic connectivity, perimeter security and school safety. Where appropriate, it is provided that the above-mentioned norms and standards must comply with all relevant laws and be maintained in good working order.

4.9 The design considerations for education areas have also been adapted and extended in line with proposals made by some commentators. In the planning of all new schools and additions, alterations and improvement to schools, school design must comply with all relevant laws, including the National Building Regulations, SANS 10-400 and the Occupational Health and Safety Act of 1993. SANS 10-400 refers to the South African National Standard with that number issued by the South African Bureau of Standards in terms of the National Building Regulations.

4.10 Finally, the regulations also provide for dispute resolution mechanisms in the case of a dispute between government agencies and entities, as well as for disputes between government agencies and entities, on the one hand, and any other party, on the other hand, with regard to the implementation of the regulations.

5. I, once again, wish to thank all those who have submitted their views on the regulations that were published for comments. Many innovative suggestions and contributions were submitted to the Department. The Department considered and debated each and every contribution with the necessary diligence it deserved and, subsequently, advised me on the most appropriate route to follow. I wish to thank them for their hard work, bearing in mind that they had to consider so many contributions within a short space of time. I personally also debated the issues with the Council of Education Ministers and, together with them, approved the regulations that are now being published. The regulations make provision for review periodically. The Minister of Basic Education will closely monitor the process of implementation of the norms and standards contained in the regulations and, when so required, will call for a review thereof, if it is deemed necessary.

Statement issued by Angie Motshegka, Minister of Basic Education, November 29 2013

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