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Chapter 8

IMMOVABLE PROPERTY

8.6 NORMS AND STANDARDS FOR BASIC INFRASTRUCTURE

8.6.1Legislative and Policy Framework

ACTS

  • South African Schools Act 84 of 1996 [SASA]

POLICIES

  • The National Policy for an Equitable Provision of an enabling School Physical Teaching and Learning Environment 33283, 2010 [NP 33283/2010]

GUIDELINES

  • School Infrastructure Safety and Security Guidelines – First version (DBE, 25 March 2017) [NG SAFETY]

REGULATIONS

  • Regulations relating to minimum uniform Norms and Standards for public school infrastructure (Published under Government Notice R920 in Government Gazette 37081 of 29 November 2013) [NR 37081/2013]

 

Hs Overvaal Judgement

WesternCape

CIRCULAR

  • WCED Specialised Education Support Minute 0010/2009: School Sanitation [Refererence B9 0010/2009]

8.6.2Framework for the Development of School Policy on Norms and Standards for Basic Infrastructure and Capacity in Public Schools

  1. The National Policy for an Equitable Provision of Enabling School Physical Teaching and Learning Environment identified 6 Principal Areas required for a Clear National Strategic Policy Direction and a further 2 Principal Areas for a Clear National Operational Policy Direction.  They are as follows:
    • Areas for a Clear National Strategic Policy Direction on Equitable Provisioning of the Physical Teaching and Learning Environment which consists of:
      • the authority for setting norms and standards that should guide the adequacy, equity and fitness-for-purpose of the physical teaching and learning environment;
      • a system for setting priorities for provision, and in a manner that facilitates the actualisation of key sector policies which are quality, equity, relevance, efficiency, and values;
      • a system of planning to address identified priorities;
      • a contextually adaptable system for standardising architectural designs that responds to core sector policies, teaching and learning requirements, set priorities for provision, and that ensures effective cost management and cost control;
      • a system for timely and cost-effective management and maintenance of assets created as part of an enabling physical teaching and learning environment that optimises usage and longevity; and
      • diversification of funding sources that is financially feasible, sustainable, and that eases the burden of provision on the government.
    • Areas for a Clear National Operational Policy Direction which consists of a system for:
      • ensuring the adequacy of capacity to deliver the required elements of the environment; and
      • effective management of procurement procedures required to assure time and resource efficiency, transparency, cost management, and quality of services and outputs.
  2. Norms and Standards for Basic Infrastructure and Capacity in Public Schools
    • Section 5A (1) in SASA states the following:
      • The Minister may, after consultation with the Minister of Finance and the Council of Education Ministers, by regulation prescribe minimum uniform norms and standards for:
        • school infrastructure;
        • capacity of a school in respect of the number of learners a school can admit; and
        • the provision of learning and teaching support material.
    • The norms and standards must provide for, but not be limited to, the following:
      • in respect of school infrastructure, the availability of:
        • classrooms;
        • electricity;
        • water;
        • sanitation;
        • a library;
        • laboratories for Science, Technology, Mathematics and Life Sciences;
        • sport and recreational facilities;
        • electronic connectivity at a school; and
        • perimeter security.
      • in respect of the capacity of a school:
        • the number of teachers and the class size;
        • quality of performance of a school;
        • curriculum and extra-curricular choices;
        • classroom size; and
        • utilisation of available classrooms of a school.
      • in respect of provision of learning and teaching support material, the availability of:
        • stationery and supplies;
        • learning material;
        • teaching material and equipment;
        • Science, Technology, Mathematics and Life Sciences apparatus;
        • electronic equipment; and
        • school furniture and other school equipment.
    • When determining policy in terms of Sections 5 (5) and 6 (2) of SASA, a Governing Body must comply with the norms and standards contemplated in Subsection 5A (1).
    • A Governing Body must, within a period of 12 months after the Minister has prescribed the norms and standards contemplated in Subsection (1), review any policy that it has determined in terms of Sections 5 (5) (admission policy of the school) and 6 (2) (language policy of the school) to ensure that such policy complies with the norms and standards.
      • Also see

SAOU National Newsletter 51 of 2015

    •  for more information on class size