The Legal Resource Centre is threatening to take the KwaZulu-Natal education department to court for failure to pay about 130 early childhood development centres. File photo.Image: Werner Hills

ECD in funding crisis, principals forced to take personal loans: LRC

Legal Resources Centre threatens legal action in high court against KZN department of basic education

by · TimesLIVE

The Legal Resources Centre (LRC) has threatened to take the KwaZulu-Natal department of basic education to court because it has not been paying stipends to early childhood development (ECD) centres in the province.

In a statement on Monday, the LRC said this had left at least 130 ECD centres in dire straits since August last year. The situation is so serious that the heads of ECDs have taken out personal loans, in some instances from loan sharks, to cover the costs of staff salaries, to buy food for the children and pay for utilities.

LRC spokesperson Puleng Mosia said the principals had been threatened with violence and intimidation from the money lenders because they had not been able to repay the loans on time.

“They have been evicted from their personal residence for not paying rent; and they have depleted personal savings needed to support their own families,” she said.

She said the LRC had engaged with the department on numerous occasions, supported by the Friends of South Africa ECD Forum (FOSA) and the KZN ECD Alliance. But little had changed and many centres had still not been paid.

“The LRC sent a letter of demand to the department on October 29, stipulating a deadline of November 15 for the department to provide a clear and concrete plan to address the backlog of unpaid stipends, with a further deadline of November 29 for all payments to be made,” said Mosia.

“Failure to do so will result in the LRC proceeding with legal action in the high court on behalf of the ECD forums and centres. 

“Since the transfer of the ECD function from the department of social development to the department of basic education, the National Treasury has allocated funds to support ECD centres through provincial departments. However, inconsistent payments have put many centres at risk of closure, exacerbating challenges in already low-income communities.”

Mosia said the ECDs relied heavily on the stipends and the lack of payment had resulted in some closing down in areas where children already have limited access to ECDs. Others had had to increase fees or demand payment of fees, when in the past they had been lenient.

“They have asked parents to send lunchboxes when there is no money to buy groceries, which also makes parents remove their children because the provision of free meals is what motivates parents who cannot afford adequate nutrition at home to send their children to a centre that can provide this,” she said.

“In terms of the delivery of adequate nutrition, financial constraints have forced centres to deviate from the prescribed nutritious menus in favour of more affordable options, including shopping at local spaza shops.”

Mosia said young children are entitled to holistic development, encompassing responsive caregiving, safety and security, early learning, adequate nutrition and cultural participation. The ongoing stipend crisis threatens these rights and places the burden on centres and families already struggling to make ends meet. 

In correspondence with the LRC, the department said there had been three separate payment runs since October.

In response to a request for comment by TimesLIVE, the department simply said: “We have started a process of paying them.”

However, Mosia said there had been no explanation for the delays in payments and what would happen going forward.

“The LRC sits on the steering committee of the Real Reform for ECD campaign. While legal action is necessary in some instances, we believe it should be accompanied by a collective effort to achieve long-term solutions.

“Real Reform for ECD encourages all ECD practitioners, parents and concerned citizens to join in raising awareness and demanding accountability through the upcoming sit-in planned outside the national department of basic education offices on November 20.”

TimesLIVE