WORKSHOP REPORT ON THE ASSIGNMENT
OF FUNCTIONS TO MUNICIPALITIES

CONTENTS

Acronyms 4 Session1: Introduction 5 1.1 Introduction 5 1.2 Rationale behind the Workshop 6 1.3 Workshop Objectives 7

Session 2: Workshop Papers 9 2.1 Opening Remarks 9 Ms Margot Davids - Chief Director – Children

2.2 Devolution of Legislative Powers to Municipalities: 10 Prof Jaap de Visser - Community Law Centre – UWC

2.3 Local Government, The South Africa Constitution and Child Rights 13 Andre Viviers - UNICEF SA

2.4 S.A. Law Reform Commission- Position Paper: Local Government and the Implementation of the Children’s Act 15 Dr Jackie Loffell - Johannesburg Child Welfare

2.5 Local Government and the Implementation of the Children’s Act: Framework on Assignment of Functions 18 Ms Matlogonolo Sebopela - National Department of Social Development

2.6 EPWP Social Sector (ECD) and Local Government 22 Ms Pearl Mugerwa - Department of Public Works

2.7 Situational Analysis of Children with Disabilities in South Africa 26 Ms Manthipi Molamu-Rahloa - National Dept of Social Development

2.8 Services needed by Children with Disabilities from Local Government 30 Mr Danie Botha-Marais - National Council for Persons with Disabilities (NCPPDSA)

2.9 The Right to Education Campaign – Children with Disabilities 33 Ms Narina Nel -University of the Western Cape

2.10 Municipal Experiences: Current Practices 35

GAUTENG PROVINCE : * Mr Wandile Zwane (Johannesburg Metro) * Mr Shadrack Shuping (Sedibeng District Muncipality)

KWAZULU-NATAL PROVINCE: * Mr Nhlakanipho Ntembelo - Mkhumbathini District Municipality

2.11 Implementation of the Older Person’s Act and Co-operative Governance and Traditional Affairs (COGTA) 42 Mrs T. Mahlangu - National Dept of Social Development

Session 3: Commissions 44

3.1 Commission 1: 45 Disability Sector: Services needed by children with disabilities

3.2 Commission 2: 53 Partial Care Facilities and Drop-in Centres

3.3 Commission 3: 59 Street Children and Child and Youth Care Centres

3.4 Commission 4: 62 Early Childhood Development facilities and programmes

3.5 Commission 5: 67 Prevention and Early intervention Programmes and Child Protection

Session 4: Way Forward 74

4.1 Way Forward 74

4.2 Conclusion 76

4.3 Vote of Thanks 76

Annex A: Agenda 77

Annex B: List of Participants 78

ACRONYMS

APT | Assignment Project Team | COGTA | Department of Co-operative Governance and Traditional Affairs | CWD | Children with Disabilities | CYCC | Child and Youth Care Centres | DIC | Drop-In Centres | DG | Director-General | ECD | Early Childhood Development | EPWP | Expanded Public Works Programme | FCG | Foster Child Grant | HOD | Head of Department | IGRF | Inter-governmental Relations Framework | IDP | Integrated Development Plan | JMPD | Johannesburg Metropolitan Police Department | KYB | Kago-Ya-Bana (enabling children to reach their full potential) | LSEN | Learners with Special Educational Needs | MEC | Member of the Executive Council | MMC | Member of the Mayoral Committee | NCPPDSA | National Council for Persons with Disabilities, South Africa | NGO | Non-Governmental Organization | NPF | National Policy Framework | OVC | Orphans and Vulnerable Children | PCF | Partial Care Facilities | SACSSP | South African Council for Social Service Professions | SALGA | South Africa Local Government Association | SALC | South African Law Commission | SALRC | South African Law Reform Commission | UCT | University of Cape Town | UNCRC | United Nations Convention on the Rights of the Child | UWC | University of the Western Cape |

Session 1:

1. Introduction

The South African Constitution makes provision for three spheres of government which are constituted as National, Provincial and Local Government. These three spheres are described as distinctive, inter-dependent and inter-related.

The three spheres of government, as separate entities and as a collective, in partnership with civil society and the community, are responsible for the creation of an enabling, safe and conducive environment for children. Local Municipalities can thus safely be described as the primary location where children find themselves. They also have a key role to play in ensuring that the standards for children’s rights, as outlined in the Constitution, the African Charter on the Rights and Welfare of the child as well as the United Nations Convention on the Rights of the Child, are fully realized.

In view of the Children’s Act (38 of 2005) outlining clear obligatory responsibilities of the different spheres of government towards children, the National Department of Social Development in collaboration with the South African Local Government Association (SALGA) decided to host a workshop entitled “Building Synergies between Development Local Government Functions and the Objects of the Children’s Act”.

The purpose of the workshop was to provide for the following opportunities:

* Strengthen the partnership between the National and Provincial Departments of Social Development and Municipalities to implement the Children’s Act; * Identify and agree on the overall functions and services Local Government renders to children; and to * Reach agreement on the functions that could be assigned to Municipalities.

This is the second workshop held with Municipalities since the new Children’s Legislation has been promulgated, as it was felt that further consultations were necessary to ensure that Municipalities fulfill a meaningful role in rendering services to children. It was also important to ascertain what was being done by Municipalities and to assess their state of readiness to assume certain delegated functions in respect of children.

2. The Rationale behind the Workshop

Since the enactment of the Children’s Act on 1 April 2010, the National Department of Social Development has, as part of its overall communication strategy, engaged with various role-players including Local Government to provide an overview of the new legislation, and to outline the main objectives of the Act which includes the following: * to preserve and strengthen families;

* to give effect to the constitutional rights and international laws binding on South Africa to children;

* to provide for structures, services and resources which promote an monitor the well-being of children;

* to develop and strengthen community structures to care and protect children;

* to protect children from discrimination, exploitation and all forms of harm or hazards

* to provide care and protection to children and to recognize the needs of those children with disabilities

The National Department has realized that a strong partnership with Local Government, as the sphere of government functioning closest to the people is essential. This is because Local Government renders essential services that affect the lives of everyone residing within their area of jurisdiction.

The Constitution also sets out specific objects for Local Government that must be achieved at Local Government level. Section 152 in the Constitution outlines these objects as follows:

(a) To provide democratic and accountable government for local communities (b) To ensure the provision of services to communities in a sustainable manner (c) To promote social and economic development (d) To promote a safe and healthy environment (e) To encourage the involvement of communities and community organizations in the matters of Local Government

Due to the cross-cutting nature and synergies provided between the objectives of the Children’s Act and the constitutional imperatives related to Local Government, it was decided that a workshop of this nature is vital to have a clear understanding of the roles and responsibilities of each sphere of government.
3. Objectives of the Workshop

The Workshop presented an ideal opportunity to reflect on the successes, as well as the practical implementation challenges of the Children’s Legislation and to how best improve the delivery of services to children.

The Workshop also provided a platform for bringing together key role-players that would deliberate and meaningfully engage on functions that could by agreement, be assigned to Municipalities and also facilitate inter-sectoral collaboration among the different role-players.

The key objectives were:

* To provide the legal framework and guideline for the assignment of functions to Municipalities; * To deliberate and address challenges that could be experienced at different levels of operation; * To clarify the role and functions of Municipalities in relation to Provinces; * To develop criteria to be used in deciding on capacity of the Municipality before functions can be assigned; and to * Discuss the reporting tool for monitoring and evaluation of the relevant section of the Children’s Act.

In order to meet the above-mentioned objectives, the Workshop was divided into two main parts. Section one of the Workshop focused on various presentations made by the different speakers and served as a precursor for the various topics to be deliberated on during the breakaway sessions. Section two of the Workshop was devoted to extensive group discussion that focused on feasible strategies and suggestions on the way forward.

The Workshop was attended by over 121 participants, including representatives from the National and Provincial Departments of Social Development, Women, Children and People with Disabilities, Public Works, Co-operative Governance and Traditional Affairs, Education Local Government, Metro Municipalities, District Municipalities , NGO’s, National and Provincial SALGA representatives, Hollard Foundation and UNICEF.

In view of the fact that the Workshop was only attended by a small group of officials from Local Government than was initially anticipated, the National Department of Social Development realised that not every aspect of the objectives would be met, and agreed that Commissions should only address certain key issues in the breakaway groups.

This Report thus documents the papers delivered at the workshop, the salient points raised during the discussions as well as the deliberations and feedback from the various Commissions.

Session 2: Workshop Papers

2.1 OPENING REMARKS
Ms Margot Davids Chief Director – Children

In her opening and welcoming remarks, Ms Davids presented an overview of the Children’s Act, explaining that a golden thread could be pulled through to the role of Local Government and Municipalities. She indicated that during the drafting of the legislation, Local Government was involved during the consultations processes and provided input into the Children’s Act which came into operation during April 2010.

She outlined the objectives of the Children’s Act, adding that the aim of the said Act was to ensure alignment with the Constitution, and in so doing, ensuring that the best interests of children were placed at the fore-front of service delivery.

She added that Municipalities are considered one of the most important sectors involved in Partial care, Early Childhood Development, Drop-in centres and other functions that can be assigned to Municipalities, and if the relevant Provincial Head is satisfied that there is capacity and compliance in the delivery of these services– these functions can be assigned to the Municipality.

Ms Davids informed the delegates that the focus of the workshop would be to discuss the following, namely:

* implementation of the Children’s Act at Local Government level; * criteria to be used relating to assessing the capacity of Municipalities in the assignment of functions; and the * monitoring and evaluation tool that will be applied.

In closing, she encouraged delegates to optimally utilize their time during discussions in the plenary sessions and various commissions and reminded everyone that much more still needs to be done to ensure that the best interests of children are realized through the implementation of the Children’s Act.
2.2 DEVOLUTION OF LEGISLATIVE POWERS TO MUNICIPALITIES Prof Jaap de Visser Community Law Centre – UWC

Professor de Visser reminded participants that the devolution of powers to Local Government is outlined in Schedules 4B and 5B of the Constitution. One of these powers is to make and administer by-laws on “child care facilities”. The Children’s Act envisages the involvement of Local Government in the implementation of the Act and provides for the assignment of responsibilities to Local Government.

Although the Constitution makes provision for the assignment of certain powers and functions to Local Government, it also prescribes a framework for the assignment of additional powers and functions to Local Government by national or provincial legislatures or executives. These assignments are regulated according to the following legislation:

* The SA Constitution; * Local Government: Municipal Systems Act 32 of 2000; * The Intergovernmental Fiscal Relations Act 97 of 1997; and in the * Financial and Fiscal Commission Act 99 of 1997

HISTORY:
He provided a short history of Local Government, indicating that it was previously viewed as a racist and subordinate institution with strong controls by the Province. During the 1994-2000 transition period, negotiations resulted in a stronger recognition of the role of Local Government as outlined in the 1996 Constitution.

This recognition resulted in the protection and assignment of financial and functional powers of Municipalities. During 2005, a suite of legislation followed that finally shaped and formed the building blocks of the Local Government system. Some of these included the Municipal Structures Act, Municipal Systems Act, Public Finance Management Act and the Property Rates Act.

CONSITUTIONAL CONTEXT:
Prof de Visser indicated that in view of the Constitution providing certain powers to Local Government, they do not need a law or statue – as they receive direct authority from the Constitution. The Constitution enables national and provincial governments to devolve functions to Local Government, and this is referred to as the assignment of functions.

There are strict procedures and guidelines in place to protect Local Government from being compelled to perform functions without being equipped with resources or a taxing power to fund that service. This means that it is unfair for national or provincial governments to use their authority to make or implement laws or rules that Local Government must perform a certain function without making provision for the resources (financial and otherwise) that are needed to perform that function.

MUNICIPAL POWERS: (SCHEDULE 4B AND 5B)
According to de Visser, the powers in Schedules 4B and 5B, refer to the authority the Municipality has to make and implement by-laws. National and Provincial governments have the power to regulate the Schedules by determining minimum norms and standards. Municipalities also have the right to defend its powers in the Constitutional court.

MUNICIPAL POWERS OVER CHILD CARE FACILITIES:
Prof de Visser also indicated that Municipal by-laws exist regardless of what is stated in the Children’s Act. He added that Municipalities have the authority to make and implement by-laws on child care facilities, and this authority cannot be removed by provincial and national government. If any function is aligned under child care facilities – every metro and local Municipality already has the authority assigned to it in terms of the constitution.

He added that the uncertainty with regard to the definition of child care facilities need to be addressed and resolved through either one of the following, namely:

* defining the term in legislation; * defining it informally through guidelines and manuals; * allowing the courts to decide should a dispute / conflict arises; or to * rely on co-operation between the spheres of government

ASSIGNMENT AND THE CHILDREN’S ACT:
Prof de Visser provided a comprehensive overview of the legal and procedural requirements for assigning functions to Municipalities, indicating that both national and provincial governments may assign parts of their authority. The Constitution provides for Parliament or the Provincial Legislature to assign powers to Local Government through an act of law, while the National Minister or the MEC may assign duties to Local Government through an agreement or proclamation.

De Visser highlighted the following challenges that the Children’s Act currently presents in relation to Local Government, namely:

* The Act neither defines “child care facilities” nor its ambit;. * Which functions within the ambit of “child care facilities” has been allocated to Local Government as outlined in Schedule 5B of the Constitution. * Whether drop-in centres could be viewed as child care centres?; * The Constitution outlines that a Member of the Executive Council (MEC) can assign a function to a Municipal Council, while the Children’s Act removes this authority and grants it to the Provincial Head of Social Development. This provision can be viewed as unconstitutional. * The assignment of functions as referred to in the Act has consequences for the municipality’s integrated development plan and the municipal budget.

RECOMMENDATIONS:
In his closing remarks, de Visser recommended that the following issues be addressed, namely:

* The lack of consistency between the Children’s Act and the Constitution; * The need to define child care facilities; * The alignment of the assignment framework with other assignment rules * The need to differentiate between Municipalities (Avoiding the “one size fits all approach”); and the * Devolution and assignment of functions need to be made dependent on capacity.

2.3 LOCAL GOVERNMENT, THE SOUTH AFRICAN CONSTITUTION AND CHILD RIGHTS Andre Viviers UNICEF SOUTH AFRICA

Mr Viviers outlined the various national and international policy and legislative obligations South Africa has towards its children. He indicated that the three spheres of government have clear obligations to protect children.

In view of Local Government being the primary location where children can be found, this sphere of government together with the provincial and national government, organisations in civil society organisations and the community, can create an environment that either directly or indirectly impacts on children. Local authorities have a key role to play in ensuring that children’s rights, as embodied in the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and the South African Constitution are made a reality for children.

Mr Viviers proceeded to share how the translation of the objects of Section 152 of the Constitution would have the following meaning for children in local Municipalities:

Through the lens of the Constitution | Through the Eyes of a Child | To provide democratic and accountable government for local communities | As children we need to be recognized as part of the local communities and take part in ways that make sense to us | To ensure the provision of services to communities in a sustainable manner | Services to our communities should promote our well-being as children and meet our needs. This will make sure that our rights are promoted and protected. | To promote social and economic development | As children, we should be protected and need to be the focus point that motivates the growth and development of our communities | To promote a safe and healthy environment | We as children need a space where we can be safe. We need houses and shelter, we need health care services and we need safe water. | To encourage the involvement of communities and community organisations in the matters of Local Government | We as children also have a voice and ideas that can help to make our communities a nice and safe place to live and play. We have the right to share this with our leaders and communities. |

He reminded Municipalities that they:

* Have an obligation to promote, protect and fulfill the rights of children; * Have a mandate to ensure that the rights of children are given full attention; and * Are equally accountable for the promotion, protection and fulfillment of children’s rights in South Africa.

He also posed the following questions:

* Are children’s issues an "un-funded” or an “un-budgeted” mandate? * Have we gone through a thorough process of what precisely needs to be budgeted for? * Have we assessed what the capacity requirements of Local Government should be before assigning additional responsibilities to them?

In closing, Mr Viviers remarked that all children should live in a Municipality that promotes and fulfills the rights of children.

2.4 S.A. LAW REFORM COMMISSION POSITION PAPER -
LOCAL GOVERNMENT AND THE IMPLEMENTATION OF THE CHILDREN’S ACT Dr Jackie Loffell Johannesburg Child Welfare

In her opening address, Dr Loffell stated that in South Africa the responsibilities for children are not perceived as belonging to Local Government, although it was seen as a central part of service delivery in most other countries on the African continent.

She added that the vision of the then SA Law Commission – SALC (since re-named the SA Law Reform Commission - SALRC) was for Local Government to play a key role in child well-being, especially with regard to prevention and early intervention services.

PROPOSED FUNCTIONS OF LOCAL AUTHORITIES:
Some of the proposed functions that the Commission (SALC Discussion Paper 103/ 2001) had envisaged are that each local authority should be obliged, in terms of the new children’s statute, to:

a) Safeguard and promote the welfare of children within its area;
(b) Ensure integrated development planning in respect of child care facilities within its area;
c) Keep a register of the total number of children and record their ages, in its area of jurisdiction;
(d) Undertake needs analysis of children in order to determine the existing needs of children in the area of jurisdiction;
(e) Keep records in the register of the number of lost or abandoned children, children living on the street, and disabled children within its area of jurisdiction and give assistance to them in order to enable them to grow up with dignity among other children and to develop their potential and self-reliance;
(f) Maintain a database of all available child care facilities in their area of jurisdiction;
(g) Provide and maintain sufficient and appropriate recreational facilities for the children in its area of jurisdiction;
(h) Ensure the environmental safety of the children in its area of jurisdiction;
(i) Conduct inspections of child care facilities to ensure maintenance of standards. This must occur in terms of a single, national standard set in the regulations of the new children’s statute; and
(j) Provide for home visiting services to all new-born babies.

MUNICIPAL INVOLVEMENT: NEW CHILDREN’S LEGISLATION
Dr Loffell indicated that a narrow interpretation of the Children’s Act would see Local Government only accepting responsibility for the registration, monitoring and enforcement of standards in partial care, early childhood development and drop-in centres.

A broader interpretation of the Children’s Act and the role of Local Government would however include the following, namely:

* Registration of a Child and Youth Care Centre (CYCC): requires a certificate of compliance with municipality’s structural, health, safety and other requirements; * Municipality has powers of inspection of all children’s facilities mentioned in the Act; * Designated social worker as defined in the Act with regard to child protective services includes municipal personnel (although there is a lack of clarity with regard to the overall definition of social workers); * The Minister of Social Development must consult with the Minister of Co-operative Governance and Traditional Affairs (COGTA) in the development of national strategies for partial care, ECD and drop-in centres; * The obligatory requirement to co-operate as outlined in Section 4 as well as in achieving the main objectives of the Act (Section 2); * The National Minister may delegate any power vested in him/her in terms of the Act (except making regulations or publishing notices in the Gazette) to any organ of state by mutual agreement (Section 307(1)c. (This differs from “assignment”.); * Child-headed households: Municipalities may support and supervise (Section 137 (2)).

INTEGRATED DEVELOPMENT PLANNING (IDP) PROCESS:
According to Dr Loffell, the key process through which planning for the needs of children can be integrated into the operations of Municipalities is through their integrated development planning (IDP) process. She indicated that the Free State Programme of Action for Children co-ordinated by the Free State Department of Social Development had during 2002, identified the following areas in which planning for children should be incorporated into the IDP’s of local Municipalities, namely:

* Planning in the best interests of children * Housing * Homelessness * Health care * Traffic, transport and accident prevention * Environment * Poverty * Disaster management * Children with disabilities * Play and leisure * Sanitation and water * HIV/AIDS

RECOMMENDATIONS:
In her concluding remarks she highlighted that the following legal contradictions need to be addressed, namely:

* The legal position of Municipal social workers with regard to child protection services need to be clarified; * Current gaps between the Children’s Act and Municipal legislation with regard to the assignment of functions need to be addressed; and * Clarification is needed on who needs to accept responsibility for “child care facilities” as outlined in the Constitution.

2.5 LOCAL GOVERNMENT AND THE IMPLEMENTATION OF THE CHILDREN’S ACT: FRAMEWORK ON ASSIGNMENT OF FUNCTIONS Ms Matlhogonolo Sebopela National Department of Social Development

Ms Sebopela’s presentation outlined the role of Municipalities in relation to the Children’s Act, which draws its mandate from the Constitution and various national and international instruments.

She informed participants that the National Policy Framework (NPF) developed during 2009, was to give effect to Sections 4 & 5 of the Children’s Act which mandates co-operation and integration of services to children by organs of state on a national, provincial and local level. The NPF also outlines the various role and responsibilities of the various role-players in the implementation of the Act.

She provided an overview of Sections 154 and 156 of the Constitution which respectively makes provision for the role, powers and functions of Municipalities as listed in Schedules 4B & 5B of the document. Matters listed in the schedules that have implications for the Children’s Act include the following, namely:

* Building regulations * Fencing and fences * Child Care facilities * Control of public nuisances and noise pollution * Municipal planning, health services and public transport * Amusement facilities * Local amenities, roads and sport facilities * Municipal parks and recreation * Water, sanitation services and sewage disposal systems * Refuse removal, refuse dumps and solid waste disposal

RESOLVING CONFLICT BETWEEN THE CHILDREN’S ACT AND MUNICIPAL BY-LAWS:
Ms Sebopela explained that in the event of a conflicting situation existing between a specific by-law and national legislation that is declared to be inoperative, the matter will need to be resolved in terms of Section 156 of the Constitution. The by-law will however be regarded as valid for as long as the legislation is declared inoperative.

ASSIGNMENT OF FUNCTIONS TO MUNICIPALITIES:
The speaker also comprehensively outlined the procedures relating to the assignment of functions to Municipalities, emphasizing that the assignment must be:

* In accordance with an agreement; and * Consistent with the Act in terms of which the relevant power or function is exercised or performed.

The discrepancy between the Constitutional requirements of functions being assigned by the MEC to the Municipal Council, and the Children’s Act requiring the HOD to assign to the Municipal Manager will be addressed during the review process of the Children’s Act.

Ms Sebopela added that the Children’s Act currently provides for the following functions in relation to partial care, early childhood development and drop-in centres to be assigned to Municipalities, namely:

* Registration of the facility * Consideration of the application for registration * Consideration of applications for renewal of registration * Granting of a conditional registration * Cancellation of registration * Providing notices of enforcement if non-compliance is confirmed

She indicated that a need for a detailed and comprehensive framework that clearly outlines the processes to follow in implementing the above functions is needed.

ADDITIONAL DUTIES AND FUNCTIONS OF MUNICIPALITIES: Ms Sebopela indicated that Municipalities have executive authority in relation to the following:

* Amusement facilities * Local amenities and sports facilities * Municipal parks and recreation * Child care facilities * Public transport * Providing an enabling and accessible environment for children with disabilities * Municipal health services * Ensuring that children have access to information on health promotion * Ensuring that those who provide services are compliant with safety standards and regulations, traffic rules, conform to structural health requirements, building regulations and comply with municipal by-laws and regulations * Safe water

She also outlined the purpose of the National Child Protection Register, adding that all professionals and practitioners employed by the Municipality have an obligation to report cases of abuse, neglect and children in need of care and protection to the Department, a designated Child Protection Organization or the South African Police.

She reminded Municipalities that any person working with or that has access to children at any of their facilities where children are found, need to ensure that the employees are screened against Part B (suitability) of the National Child Protection Register.

She stated that although Section 105 of the Children’s Act currently does not list Municipalities as part of the group providing designated child protection services, provision is made for the HOD or DG to designate any appropriate organization to perform these duties on receipt of their written application. The position of Municipal social workers will also form part of the discussions during the review process of the Children’s Act.

Municipalities as the sphere of government that is closest to communities, have a vital role to play in providing prevention and early intervention services which could include some of the following programmes:

* Assisting families to obtain the basic necessities of life; * Empowering families to obtain such necessities for themselves; * Providing families with information to enable them to access services; * Identifying and referring vulnerable children to designated social workers; * Ensuring the safety of children at places of entertainment; and * Providing a safe environment for children.

She concluded her presentation by informing participants that the successful implementation of the Children’s Act is dependent on the co-operation of all stakeholders in fulfilling their obligations. She added that Municipalities have a significant role to play, but need to be fully informed, capacitated and guided on the provisions and implementation of the Children’s Act.

2.6 EPWP SOCIAL SECTOR (ECD) AND LOCAL GOVERNMENT Ms Pearl Mugerwa Department of Public Works

Ms Mugerwa provided the historical background to the Expanded Public Works Program (EPWP) and Early Childhood Development which was originally launched during 2004. She described the EPWP as a nation-wide initiative aimed at drawing unemployed South Africans into the various components of the program which includes social, infrastructure, environment and culture and the non-state sector. The Department of Public Works is responsible for co-ordination of the social sector part of the program.

She informed delegates that Cabinet has approved the 2008 – 2014 (Second phase) of the program in an attempt to halve unemployment and to create meaningful job opportunities. The aim of this phase is to create 2 million Full Time Equivalent (FTE) jobs for poor and unemployed people in South Africa. Through the delivery of public and community services, and as part of the Anti-Poverty Strategy, this programme envisages to reduce unemployment by half by 2014.

Set targets have already been agreed to by Premiers and Mayors in Provinces and all spheres of government have been mandated to mainstream the implementation of EPWP Phase 2 that had started during April 2009.

The role and focus of the Social Sector is directed towards improving the quality of life in the following areas:

* Education * Health * Welfare * Protection

The above-mentioned programmes are mainly implemented at a Provincial level and marginally at National and Municipality level, with Early Childhood Development (0-4yrs) and Home Community Based Care making up 70% of the program. Based on the fact that the services mainly centre on care and protection, they are delivered utilizing mainly women, un-skilled, semi-skilled and unemployed people. In view of these programmes having a huge potential for the creation of EPWP work opportunities at local and community level, the Social Sector further endeavors to meet its EPWP Phase 2 log frame targets by creating 750 000 work opportunities or 513 043 FTEs by 2014.

LINKAGES AND CHALLENGES WITH MUNICIPALITIES:
Ms Mugerwa stated that Chapter 7 of the Constitution mandates the local sphere of government to provide sustainable services and to promote social and economic development within communities. She expressed concern that despite improved participation of Municipalities during the second phase of the EPWP program, the social sector struggled to achieve a remarkable footprint at local level.

A study was conducted by the Social Sector to develop a strategy for municipal engagement, particularly within the ECD program as a possible quick-win employment opportunity. The findings of the study highlighted the following:

* ECD services are a core mandate of the National and Provincial spheres of government; * ECD services are an un-funded mandate at local level; * EPWP is about infrastructure thus Municipalities are required to report every EPWP work opportunity under infrastructure; * EPWP in Municipalities are not well-coordinated to ensure implementation across sectors; and * Municipalities have a poor understanding of the EPWP Social Sector program.

The study revealed that Municipalities have a huge potential to implement ECD services directly. In trying to address the above, the Social Sector adopted a vigorous approach to involve Municipalities and these included:

* Evoking the Constitutional mandate of the local sphere on delivery of services across all sectors including ECD, to contribute towards halving unemployment in 2014;

* Strengthening Inter-governmental Relations Framework (IGRF) between the National and Provincial spheres with the aim of providing technical and financial support to Local Government to implement EPWP Social Sector ECD programmes;

* Setting up relevant structures and methods to enable robust community involvement to deliver ECD services directly through Municipalities. (Municipality EPWP Coordination structures and direct community contracting approaches);

* An EPWP Municipal structure consisting of all four sectors, namely, infrastructure, environment and culture, non-state and social should be established in each and every municipality and be co-ordinated by the Municipal EPWP Unit located in the Mayor’s Office; and

* A Senior Official from the Municipal EPWP Unit should participate in the EPWP District Municipal Steering Committee. A dedicated Municipal EPWP Social Sector official should participate in the EPWP District Steering Committee

In closing, Ms Mugerwa stated that the successful implementation of the EPWP Social Sector ECD program is dependent on a well-defined EPWP Municipal Social Sector Plan. The Plan should outline roles and responsibilities, a communication strategy, clearly defined targets, an approved monitoring and evaluation strategy allocated funding and should also be well managed and co-ordinated by the EPWP Municipal Social Sector Unit.

2.7 SITUATIONAL ANALYSIS OF CHILDREN WITH DISABILITIES IN SOUTH AFRICA Ms Manthipi Molamu-Rahloa National Dept of Social Development

In supporting the views held by previous speakers, Ms Molamu re-iterated that Local Government is primarily located where children can be found. Children with disabilities, who are at most times a forgotten group, are thus located within Local Government areas.

She informed delegates that the National Department of Social Development in partnership with UNICEF and the Ministry for Women, Children and People with Disabilities had commissioned research to update a situational analysis of children with disabilities in South Africa. The document will be officially launched during September 2012. She added that the objective of the situational analysis was to:

* Improve national knowledge gaps regarding: * childhood disability prevalence rates * causes and risk factors of disability and * Inequities faced by children with disabilities * Discuss the state obligations under the UN Conventions; * Assess the national policy response to addressing the needs of disabled children; * Make recommendations to address any gaps; and * Provide evidence-based advocacy for more effective programmatic responses.

The methodology utilized in undertaking the situation analysis entailed a comprehensive desk top review, analyzing data obtained from Stats SA, organising workshops with government and civil society, and also holding focus group discussions with caregivers and children with disabilities in selected provinces. Ms Molamu indicated that the prevalence of childhood disability proved to be extremely challenging as no standard and/or nationally accepted measuring tool is in place. She added that it can however be safely assumed that close to a half a million children has some form of disability.

Data collated from the Situational Analysis Report also revealed that the prevalence of disability is highest amongst black male children in the 15-17 year age group;

The different types of childhood disabilities with the highest percentages are provided in the table below:

Source: Stats SA Census 2001. Analysis by UNICEF South Africa.

Ms Molamu also informed delegates of the various national policies, strategies, legislative requirements as well as international treaties and obligations South Africa has ratified in respect of people with disabilities.

RIGHT TO HEALTH AND REHABILITATION:
According to the Situational Analysis Report, children with reported disabilities are 2.5 times more likely to be ill or injured than their non-disabled peers. Young people with disabilities are more at risk of being infected with the HIV, while 30-40% of children needing rehabilitation, are provided with services. Some of the major barriers identified included the fact that no national screening program existed, some of the health and rehabilitation services were inaccessible and insufficient budgetary resources existed for providing these services.

RIGHT TO EDUCATION:
The study also revealed that pre-school children had limited access to early learning programmes. Despite there being a spike in the number of children with disabilities attending full service schools, one out of every four children with disabilities are not attending school. The latter situation is more prevalent within the 7 to14 age cohort. Drop-out rates among disabled young people are also higher than their non-disabled peers (37% vs 14%). An estimated 110 000 learners with disabilities are currently mainstreamed in ordinary public schools, while 105 000 learners are attending special schools. School attendance amongst children with sight disabilities (91%) is higher than those with communication difficulties (64%).

ADEQUATE STANDARD OF LIVING & SOCIAL SECURITY:
Ms Molamu stated that inadequate living conditions have an extremely negative impact on children with disabilities, as it hampers their overall development. These children are often less likely to have access to adequate housing in comparison with their non-disabled peers. According to the Situational Analysis Report, the Care Dependency Grant has been accessed by 110 000 care givers of children with severe disabilities who require permanent care. A major challenge however is the fact that children with disabilities are at times excluded from receiving the social grant due to errors in the administration process.

RIGHT TO FAMILY ENVIRONMENT AND PROTECTION FROM ABUSE:
Children with disabilities are more likely to be orphaned (25%) and five times more likely to be abused than their non-disabled peers. The survey also outlined that 28% of children in a registered Child and Youth Care Facility have some form of disability.

The current analysis confirmed the following regarding service delivery to children with disabilities, namely:

* They have limited access to basic services; * A silo approach to service delivery is adopted by government departments; * Lack of human, financial, informational and physical resources; * The dependence on state assistance; and an * Exclusive society

Based on the above, the recommendations made include improved co-operation between all role players to protect and promote the rights of all children. Discussions will also need to take place between government and its partners regarding prevention and protection services rendered to children with disabilities, developing an effective framework for service delivery and strengthening information systems for children with disabilities.

In her closing remarks, Ms Molamu reminded delegates that the Situational Analysis Report will be officially launched during September 2012.

2.8 SERVICES NEEDED BY CHILDREN WITH DISABILITIES FROM LOCAL GOVERNMENT: Mr Danie Botha-Marais
National Council for Persons with Physical Disabilities in S.A Mr Botha-Marais, Children’s Program Officer at the National Council for Persons with Physical Disabilities in South Africa (NCPPDSA) informed delegates that his presentation had a dual purpose, as it outlines the services needed by children with disabilities from Local Government, as well as the role of the National Council in assisting Municipalities to deliver services to children with disabilities.

According to Mr Botha-Marais, the following suggestions outline the role of Local Government in advancing service delivery to children with disabilities (CWD) in communities, namely:

* Municipalities should ensure that their councillors and staff receive the necessary training for engagement in the field of services in respect of children with disabilities; * Trainers to be skilled in holistically understanding the needs of children with disabilities; * Knowledge, attitude and skill to be core requirements for any intervention of children with disabilities; * Municipalities to draft their own policies on service delivery to children with disabilities; * Establishment of an interdepartmental committee on disability to oversee the implementation of the policy; * Community participation to be facilitated; * Compile community profiles on the prevalence and manifestation of disability in the community * Ensure registration and adherence to minimum standards of care facilities * Ensure adequate budgetary support and services to these facilities * Standardise and upgrade stimulation/education and development programmes at care centres * Link care programmes and centres needs to resources * Address the need of assistive devices by partnering with the Department of Health * Ensure local needs, conditions and lack of resources are communicated to provincial and national levels

He added that as the third tier of government, local authorities are ideally placed to work closely with communities in ensuring that the best interests of children with disabilities are realised. Municipalities should work in close conjunction with local Non-Governmental organisations, community service and community based organisations to identify, assess and develop an intervention plan per child. He visualised a program similar to their own “Eye on the Child” project where community members can be trained as volunteers to identify children at risk.

Mr Botha- Marais provided delegates with a short overview of the role and objectives of the National Council for Persons with Disabilities (NCPPDSA), explaining that the Council had extensive knowledge of the disability sector and regularly engaged with the National Departments of Social Development, Health and Education on policies and programs to ensure that adequate provision is made for children with disabilities. The partnerships also extend to other Organisations such as UNICEF SA, Child Protection Organisations, UWC and UCT Children’s Research Units regarding disability friendly approaches in interventions, research and service delivery approaches.

He also outlined the role of the NCPPDSA in providing assistance and guidance to Municipalities regarding service delivery to children with disabilities, which include the following, namely:

* Strengthening of established and existing community based structures for the protection, care and education of children with disabilities in under and un-serviced communities; * Creating new community based structures for the protection, care and education of CWD in under- and un-serviced communities; * Sensitizing communities and creating awareness of the needs and rights of CWD; * Mobilising community based responses for the care, protection and development of CWD; * Strengthening the capacity of families and communities to adequately respond to the needs and rights of CWD; * Facilitating the “Chance2Advance” program for Care Giver training; * Ensuring that legislation, policies and programmes are in place for the protection and advancement of CWD; * Increasing advocacy and lobbying activities to ensure a better dispensation for CWD; and * Ensuring access to relevant, appropriate and responsive services and resources.

In concluding his presentation, the speaker reminded delegates of the two annual flagship programs of the NCPPDSA, namely “Casual Day” celebrated during September each year and the “Nappy Run” which will be held during October this year. He requested delegates to provide their support to these programs.

2.9 THE RIGHT TO EDUCATION CAMPAIGN - CHILDREN WITH DISABILITIES Ms Nearina Nel University of the Western Cape

Ms Nel informed delegates that she formed part of an Early Childhood Development (ECD) Working Group that have partnered with the UWC Community Law Centre’s campaign on the Right to Education for children with disabilities. She introduced her presentation by asking question: What is inclusion in the context of Disability and Early Childhood Development? Inclusion refers to the process of addressing and responding to the diversity of needs of all children and recognising that learning begins at birth and that all children can learn. Inclusion is also a flexible response towards children with different disabilities to ensure their maximum participation.

Early Childhood Development (ECD) provides the foundation for learning and gaining knowledge and has the potential to help children overcome the circumstances they are born into (breaking the cycle of poverty and disability). The advantage of ECD is that it facilitates the early identification and intervention of impairment or illness and provides access to a variety of other services such as nutrition and immunization. ECD is also seen as a source of emotional and practical support that is provided to parents, guardians and caregivers and assists them in improving their parenting skills.

Ms Nell stated that Municipalities are responsible for all children in their area of jurisdiction, and therefore ECD services should promote inclusivity and accessibility to children with disabilities. Community workers should be trained on awareness campaigns, providing assistance on how children with disabilities can access services; and provide support to parents and families of children with disabilities.

She emphasized the importance of incorporating inclusive ECD services into the Integrated Development Plans (IDP’s) of Municipalities by:

(i) ensuring that information systems reflect disaggregated information for children with disabilities;
(ii) promoting and supporting ECD services; and
(iii) partnering with local stakeholders in planning and problem solving around the best interests of children with disabilities.

An additional service needed by Municipalities is the development of Multi-purpose Community Centres including ECD centres that are able to provide the following range of services, namely:

* Early identification & intervention services; * Outreach services (to reach children with disabilities and their families who are not able to access one-stop centres); * Establishing multi sectorial ECD Forums; * ECD Centres to promote physical access for children with disabilities e.g. playgrounds; and * Ensuring that new centres comply with building regulations on accessibility and are aligned with the norms and standards in the new Children’s legislation.

Ms Nell concluded by stating that although there were sufficient policies and programmes in place to ensure that children with disabilities access ECD services, we unfortunately lack the capacity, resources and technical expertise to implement the policies and legislation.

2.10 MUNICIPAL EXPERIENCES: CURRENT PRACTICES

GAUTENG PROVINCE Mr Wandile Zwane Johannesburg Metro
The Municipal experience in Gauteng Province was shared by Mr Zwane, who introduced his presentation by outlining the different structures in the province. He informed delegates that the Health and Social Development Task Team in the Province was responsible for driving the social transformation agenda, the Mayoral sub-committees in Municipalities were responsible for overseeing Social Development services. He also indicated that qualified and registered Social Workers are employed within the Social Development Departments of the Municipalities.

He categorized the basket of services rendered by Municipal Social Workers and the different areas of intervention as follows:

* Child Headed Households / OVC * Database * Basket of services ( linking to services/ homework assistance/ health/ educational support)

* ECD Centers (Environmental health, Social Development, JMPD, Planning Department) * ECD Council Managed and NGO funding * Leased out facilities * Training * Monitoring * Outreach Programme:Skills development for unregistered ECD facilities * Databases

* Preventative programs * Social crime * Child Protection Campaigns community awareness campaigns, workshops at schools, churches etc * Parental skills workshops * Holiday & After school Support Programme * Children abused/ neglected

* Special Category of children * children with disabilities, refugees and children who have been trafficked, * Children living and working on the streets: Removal, reunification, shelter management

Mr Zwane raised concerns about the various challenges experienced by Municipal Social Workers since the Children’s Legislation was enacted, as no clear timeframe has been set on the assignment of functions to Municipalities. He added that they were often ridiculed on being unable to implement certain functions as outlined in the legislation, despite being listed as functionaries in the Act.

He indicated that the recent Constitutional Court ruling in respect of the “unconstitutionality” of Sections 151 and 152 of the Children’s Act (No. 38 of 2005) also proved challenging as no guidance or collaboration with the Provincial Department of Social Development took place to manage this process.

Additional challenges Municipalities are experiencing with the implementation of the Children’s Act, are listed as follows, namely:

* Child and Youth care Centres:
Despite the Children’s legislation allowing for the establishment and operation of shelters by Municipalities, the current application forms provided has a strong focus on the NGO sector

* Early Childhood Development Services:
The lack of effective co-ordination and communication between Municipalities and the Provincial Department of Social Development has led to duplication of services and double-dipping of funding accessed by some Centres.

* Unregistered Places of Care:
Although non-compliance of municipal by-laws can lead to closure of a facility, the Municipality has been placed in a difficult situation with Provincial Department officials placing children in unregistered facilities. The Municipality thus becomes dependant on the Province to ensure compliance, rendering Municipalities ineffective with regard to child protection services.

* Capacity within Municipalities:
Not all Municipalities have the same capacity to undertake the assignment of functions and progressive implementation will have to be considered. The major challenge would be funding.

Mr Zwane concluded his presentation by indicating that the devolution of functions and mandates as outlined in the Children’s Act must be funded, and that a three- year projection plan should be considered. He proposed that as an interim measure, national and provincial spheres of government need to constructively engage with Local Government to ensure that services to children are accessible.

Mr Shadrack Shuping Sedibeng District Muncipality

Mr Shuping informed delegates that the Kago-Ya-Bana (KYB) Partnership (Enabling children to reach their full potential) was formed between the Hollard Foundation, Gauteng Department of Social Development and the Midvaal Local Municipality during 2011, with the aim of developing programmes to strengthen services delivered to children.

He added that the overall purpose of the KYB Partnership was to enable the municipality, province and NGOs to increase service delivery to children (0-9 years towards universal access) by developing an integrated local system of child care and support. The partnership was also aimed at reducing the vulnerability of children by influencing policy and programmatic interventions.

One of the key objectives of the KYB business plan is to develop a Framework and Policy Guideline to assign specific functions to Municipalities based on the Children’s Act (an enabler). This framework will outline a logical sequence to assign functions to Municipalities so that Municipalities are able to prioritise services and programmes for children, and also plan and improve access of services to children.

A project team was activated for the assignment of functions to Municipalities with clear terms of reference as well as a project plan outlining their deliverables. Following a stakeholder meeting held during November 2011, an Assignment Project Team (APT) was activated. Their main purpose was to not only develop a legal and policy framework for the assignment of functions to Municipalities, but also provide for the integrated rendering of services to children and to develop a model based on the KYB partnership that could be replicated in all the districts of Gauteng. The team also had to ensure that the project was well documented with clear recommendations.

The Project Plan Framework timelines are provided in the table below:

PROJECT PLAN FRAMEWORK TIMELINES:

Focus | Milestones and Time | Status and Next steps | Project mandate and stakeholder buy-in | Briefing of MEC’s and MMC’s by May 2012 | Briefing NotesMeeting with MMC –JuneSubmissions July | Framework Document | Draft Document : June 2012 | Framework agreedReport drafted | Assessment Tool | Assessment Tool: June 2012 | KYB Tool developedAssessment Report finalised | Assessment of Municipality capacity | Assessment Report | Develop an assessment report per municipality | Assessment of Resources | Status Quo Report on HRFinance: July 2012 | Analysis of Assessment ReportCosting Model | Legal process for assignment | Draft guidelines for MOUSLA; M&E Tool | DSD to share frameworks | Approval of Policy Framework | Draft Policy FrameworkTabled and approved | Finalise by Sept 2012 |

Mr Shuping also briefed delegates on the various legislative and policy documents that guided the KYB process and outlined the relevant sections in the Constitution which provides for the powers and functions of Municipalities, as well as the Children’s Act that outlines the functions relating to Partial care, Early Childhood Development and Drop-in centres.

He also identified the following assignable and non-assignable functions:

Assignable functions: * Registration of PCF, ECD or DIC * Application for registration & renewal of registration * Consideration of applications * Conditional registration * Cancellation of registration * Notice of enforcement * Record and inspection of and provision for PCF and DIC

Functions not assigned: * Provincial Strategy concerning PCF, ECD or DIC * Provision and funding for PCF, ECD or DIC * National Norms and Standards for PCF, ECD or DIC * Appeal and review of certain decisions * Serious injury, abuse or death of PCF or DIC * Regulations for PCF, ECD or DIC

Mr Shuping added that before the assignment of functions can be operationalised, a clear assessment process needs to be undertaken and a National Memorandum of Understanding finalised. Municipalities need to be assessed to ascertain whether they have the capacity to perform and implement the assignable functions. One of the critical resources in the process is funding, as each assignable function needs to be costed and budgeted. The benefits relating to the assignment of functions however far outweigh the negatives and will strengthen Municipalities in budgeting more effectively for children. Municipalities will also be able to track abused and neglected children, child health and develop indicators.

He added that the Midvaal Municipality is currently in the process of partnering with the University of the North West to develop a tool that can be used to assess the resources and capacity of local Municipalities to implement assignable functions (Children’s Act). The tool will be applied in the Municipalities of Sedibeng (Emfuleni, Midvaal and Lesedi).

In his concluding remarks, Mr Shuping informed delegates that the “Assignment Framework Document” for the Midvaal Municipality has been finalised and the next milestone would be the launch of the pilot municipality during 2013.

MUNICIPAL EXPERIENCES: CURRENT PRACTICES

KWAZULU-NATAL PROVINCE Mr Nhlakanipho Ntembelo Mkhumbathini District Municipality KZN

Mr Ntembelo commenced his brief presentation by informing delegates of the various children’s structures operating in the Province. The Kwa-Zulu Natal Advisory Council for Children as the Provincial structure in the Province is tasked with addressing and co-ordinating children’s matters in the Province. The Advisory Council is chaired by the Office of the Premier. District Advisory Councils in the Province are chaired by the relevant focal person for children in each District. At a local Municipal level, Ward Committees have identified “war rooms” where they interact and engage with the communities on matters relating to children. The co-ordinating Forums for children’s issues at District Level are chaired by members of civil society.

He also informed delegates that the Mkhumbathini District Municipality currently utilises the 5% infrastructure grant to build and fund ECD centres in the District. The registration of ECD’s are however finalised by the Department of Social Development.

He thanked the Department for providing him with the opportunity to share the experiences of the Mkhumbathini District Municipality.

2.11 IMPLEMENTATION OF THE OLDER PERSON’S ACT AND
CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS Mrs T. Mahlangu National Dept of Social Development

Ms Thuli Mahlangu informed participants that the challenges they are faced with in implementing the Children’s Act are similar to those experienced with the implementation of the Older Person’s Act. She added that in view of the stakeholders involved with the implementation of the two pieces of legislation being similar, it was befitting that the Older Person’s Act be discussed at this workshop.

Objects of the Act
Ms Mahlangu stated that the major objects of the Older Person’s Act (hereafter referred to as the Act) are to ensure that older persons remain in the community for as long as they can; maintain and promote the status, well-being safety and security of older persons; recognize their skills and wisdom; promote their participation in community activities and combat the abuse of older persons.

Collaboration and Roles of Government in the Implementation of the Act
She emphasized the fact that the Older Persons Act must be implemented by all organs of state at national, provincial and local spheres involved in rendering services to older persons. Implementation should also be through civil society – non-governmental, faith based and community based organizations.

She added that the protection of rights for older persons is the mandate of all government departments, the South African Human Rights Commission, the Department of Justice and the South African Police Service.

Proposed Function of Municipalities in the Implementation of the Act
Municipalities could play a major role in implementing the Act and should have the role of safeguarding and promoting the welfare of older persons. Municipalities must also ensure that integrated development planning in respect of older persons' facilities take place, keep a register of facilities of older persons within their areas of jurisdiction, register facilities for the aged, and issue certificates of compliance.
Priority Areas
Ms Mahlangu pointed out that at the 2nd World Assembly in Madrid in April 2002, three key priorities were identified as crucial to older persons, namely:

* Older persons should be encouraged to participate meaningfully in development. This includes enabling active participation, work, access to knowledge, education, training, income security, social protection and social security as well as intergenerational solidarity among other things. Linking older people to development entails providing opportunities for better quality of life; access to economic development benefits worldwide; encouraging more reliance on skills of older persons as well as carrying out research for policy development;

* The importance of health and overall well-being to be introduced to older persons;

* Ensure an enabling and supportive environment for older persons. This environment includes provision of housing and a caring living environment as well as support for caregivers; the protection of older persons from discrimination based on their age, neglect, abuse and violence as well as producing positive images of ageing in society. An enabling and supportive environment for older persons also entails commitment to independence, participation, care, self-fulfillment and dignity of older persons.

Legal Provisions for Older Persons
The following sections make provisions for the care and participation of older persons in development: * Section 9(b) - Participation of older persons in decision making process at all levels; * Section 9(h) - Priority in the provision of basic services (water, sanitation, electricity); * Section 7(f) - Ensuring the optimal level of physical, mental and emotional well-being of older persons; * Section 11(2)(h) - Ensure that older persons benefit from appropriate services contained in the indigent policy for vulnerable and qualifying older persons.

In her concluding remarks, Ms Mahlangu reminded all delegates that the protection of the rights of older persons is the responsibility of all spheres of government. Session 3: COMMISSIONS

The delegates were divided into the following five Commissions:

1. Disability Sector: Services needed by children with disabilities.
2. Partial Care Facilities and Drop in Centres
3. Street Children and Child and Youth Care Centres
4. Early Childhood Development facilities and programmes
5. Prevention and Early intervention Programmes and Child Protection

Each commission was tasked with addressing the following areas:

* Provide a definition for Child Care Facilities * Identify all functions that can be provided by Municipalities. * Mention the roles and responsibilities in relation to the identified areas. * What criteria should be met before functions can be assigned to Municipalities (take into consideration rural and metro’s). * Indicate areas that need capacity building, who should be capacitated by whom? * Indicate who is responsible to ensure that services to children are included in the Strategic Plans/Integrated Development Plans and how is it being done.

Each commission was also assigned a facilitator, a scribe and a rapporteur. Commissions were requested to continue with their deliberations until tea-time on Day Three

Commission 1:
Disability Sector: Services needed by children with disabilities.
1. DEFINITION OF CHILD CARE FACILITIES
This Commission defined child care facilities from an infrastructural and programmatic approach. “Child care facilities are facilities such as, day care centres, ECD centres, recreational centres, schools and youth centres, etc for children who are below the age of 18 (whether privately or publicly owned) these buildings should be universally suitable for all children and should run programmes inclusive of the special needs of children with disabilities.”
Child care facilities: * Should be universally suitable for all children; * Should run programmes inclusive of the special needs of children with disabilities; * Programmes should be integrated, and should not be designed exclusively for children with disabilities. * Should be registered in terms of the Children’s Act
The Commission further emphasized the importance of universal accessibility, public versus private care centres and programmes. 1.1 Universal Accessibility Universal accessibility was described as the removal of barriers for children with disabilities to ensure their participation and access to child care facilities. Universal accessibility also entails access for persons with disabilities to the physical environment, transportation, information and communication. To ensure a better understanding of what universal accessibility is, the Commission recommended the development of a toolkit defining universal accessibility for child care facilities.

1.2 Private and Public Centres
The Commission acknowledged the role of both private and public centres in child care. In view of some private centres not being regulated, monitoring becomes a challenge. However, the Commission noted that all centres whether privately or publicly operated, caters for children and should therefore subscribe to the same definition of universal accessibility and inclusive programmes as developed by the Commission. 1.3 Inclusive Programme Design
The Commission emphasized the importance of programmes forming an integral part of the definition of child care facilities. It was noted that a description of minimum standards should be provided in order to recognize the scope of programmes in child care facilities. It was also highlighted that programmes in child care facilities should be developed in a way that is inclusive of children with disabilities. The overall intention should be to integrate children with disabilities, rather than exclusively designing programmes for them.
2. FUNCTIONS, ROLES AND RESPONSIBILITIES
The Commission recommended that the following functions, roles and responsibilities could be considered for assignment to Municipalities: * Non-administrative roles when implementing the Children’s Act; * Overseeing, coordination and monitoring of compliance in the establishment of facilities; * Safeguard and promote the welfare of children within its area of jurisdiction; * Ensure integrated development planning in respect of child care facilities within its area of jurisdiction; * Maintaining a register of the total number of children and recording their ages in its area of jurisdiction. (Information to be dis-aggregated, allowing for tracking of children with disabilities from birth and the types of disabilities.); * Maintain a database of all available child care facilities ( registered and unregistered); * ECD programmes should be registered in LSEN and mainstream schools as outlined in the Children’s Act; * Provide and maintain sufficient and appropriate recreational facilities for children; * Ensure linkages between partial care and stimulation centers; * Ensure the environmental safety of the children in its area of jurisdiction; * Conduct inspections of child care facilities to ensure compliance with norms and standards; * Facilitate and ensure participation of all interest groups in forums; * Encourage stakeholders to attend forums; * Facilitate and co-ordinate community education and awareness programmes; and * Ensure road safety for children with disabilities through proper signage on municipal roads. The Commission noted that the Department of Women, Children and People with Disabilities has an oversight role of the programmes, roles and responsibilities of all departments and organizations rendering services to children with disabilities.

The table below outlines the roles and responsibilities of Municipalities and other stakeholders in implementing provisions of the Children’s Act with regard to children with disabilities:

FUNCTIONS | PROVINCIAL DSD | MUNICIPALITIES | DEPARTMENT OF HEALTH | DEPARTMENT OF BASIC EDUCATION | NGOs &OTHER STAKEHOLDERS | Safeguard and promote the welfare of children with disabilities within its areas | * Ensure care and protection of children * Rehabilitation | * Coordination of stakeholders * Advocacy | * Assist with devices, medication, detection, early diagnosis, early intervention programmes * Rehabilitation (therapists), * Awareness programmes * Milestones of Road to health | * Appropriate curricula for all age groups * Standardize and upgrade stimulation education programmes * Training and education of care workers * Equipment in facilities * Capacity building of practitioners | * Specialized community programmes * Referrals * Rehabilitation * Early intervention * Advocacy and awareness raising | Ensure integrated development planning in respect of child care facilities within its area of jurisdiction | * Child Participation including children with disabilities * Suggesting services and programmes for children to be included in IDP’s | * Lead in stakeholder coordination * Municipality sets up IDP processes * Child Participation including children with disabilities | * Child Participation including children with disabilities * Suggesting services and programmes for children to be included in IDP’s | * Child Participation including children with disabilities * Suggesting services and programmes for children to be included in IDP’s | * Child Participation including children with disabilities(Other stakeholders: Department of Public Works, Office of the Premier, Department of Transport) | Ensure integrated development planning in respect of child care facilities within its area of jurisdiction | * Suggesting services and programmes for children to be included in IDP’s * Participation and also participation of children with disabilities | * Leads in stakeholder coordination * Municipality sets up IDP processes * Participation and also participation of children with disabilities | * Suggesting services and programmes for children to be included in IDP’s * Participation and also participation of children with disabilities | * Suggesting services and programmes for children to be included in IDP’s * Participation and also participation of children with disabilities | * Suggesting services and programmes for children to be included in IDP’s * Participation and also participation of children with disabilities(Other stakeholders: Department of Public Works, Office of the Premier, Department of Transport) | Maintain database of all available child care facilities (registered and unregistered; funded or non- funded) | * Keep a register of facilities * Register, reregister and deregister (when and if necessary) * Assist with compliance | * Coordination role * Provide information on available facilities for children with disabilities | * Maintain a database of facilities in accordance with the Mental Health Care Act especially for children with severe and profound disabilities | * Maintaining of facilities database for special schools and ECDs) | * Input and update database | Keep register of total number of children and record their ages in its area of jurisdiction. Provide and maintain a disaggregated database - Management information system | * Provide framework * Collate information | * Coordinating role of community development workers in collating information | * Identification and referral of Children with Disabilities | * Register of learners within special schools | * Compile community profiles * Provide information for registerOther Stakeholders:Stats SA | Provide and maintain sufficient, accessible and appropriate recreational facilities and open spaces for children | | Ensuring provision and maintaining accessibility of recreational facilities in partnership with other stakeholders in communities as well as child care centres. Lobby for initiatives to provide recreational spaces | Provide recreational facilities in hospitals and clinics | Provide recreational facilities in schools | Awareness and lobbyingOther stakeholders: Department of Sport and Recreation; Department of Correctional Services; Department of Arts and Culture; Parks | Ensure the environmental safety of the children in its area of jurisdiction | * Ensure environment safety * Debriefing and counseling in the case of disasters | * Inspection of facilities * Proper sanitation at facilities * Clean and safe water * Check for the status of infrastructure through regular inspection and assessment * Issue health certificate needed for registration | * Report any occurrence of threats to environmental safety to Municipalities | * Report and refer any irregularities to DSD, Health and Municipalities | * Report and refer any irregularities to DSD, Health and Municipalities |

FUNCTIONS | MUNICIPALITIES | Road Safety Other stakeholdersDepartment of Public WorksDepartment of Transport – to regulate and provide transportation of children with disabilities to facilities / centres. | Ensure proper signage on municipal roads for children with disabilities. |

3. CRITERIA TO BE MET BEFORE FUNCTIONS CAN BE ASSIGNED TO MUNICIPALITIES

* Functions only to be assigned to Municipalities that have the capacity and are willing to render the function; * Funding, training and capacity building would be required before mandating Municipalities with these responsibilities; * In cases where the functions can be assigned, funding must follow the function and be directed to the specific municipality; * Assigned functions to be phased in; * Administrative processes related to the transfer of funds/grant should be in place; and * A national framework should be developed to guide the assessment of capacity for Municipalities

4. AREAS THAT NEED CAPACITY BUILDING, WHO SHOULD BE CAPACITATED AND BY WHOM?

* An assessment tool needs to be developed to determine capacity building needs.

5. DISCUSSION/CHALLENGES

The Commission further recommended that: * Issues of disability and the word ‘disability’ should be more visible during the review process of the Children’s Act.

* When assigning roles and subsequent funding to Municipalities, a special allocation should be made in the budget allocation to assist people with disabilities.

Commission 2:
Partial Care Facilities and Drop-in Centres 1. DEFINITION OF CHILD CARE FACILITIES

The Commission agreed that there is a need to clearly define child care facilities during the Review process of the Children’s Act. It also took cognizance of the Norms and Standards document which states “Regardless of the core purpose of a particular facility, residential child care facilities should become centre’s where children, youth and families from the surrounding communities can access a variety of programmes and resources on a daily, weekly, or ad hoc basis.”

The members of the Commission were divided on two viewpoints namely:

* the focus of the definitions should be on programmes rather than the structure/building; * and child care facility as a structure.

However, consensus was reached that a child care facility refers to a place where programmes/services to children are rendered and the following definition was considered:

“A Child Care Facility is a multi-purpose centre where a variety of residential and community based programmes, projects and services are offered to children, youth and their families.” 2. FUNCTIONS, ROLES AND RESPONSIBILITIES RELATED TO PARTIAL CARE AND DROP-IN CENTRES

The deliberations on Partial Care and Drop in Centres are outlined as follows:

2.1. Partial Care

2.2.1. Although ECD Centres fall within the definition provided by the Commission, there was agreement that the two types of facilities/services should be separated.

2.2.2. Partial care facility – place, building or premise used for the reception, protection and temporary care of not more than 6 children apart from their parents. The table below outlines the assignment of functions of Municipalities and other
Role-players in implementing provisions of the Children’s Act with regard to Partial Care:

Children’s Act | Service | Assign to Municipalities | Other Role-players | Comments/ Challenges | Section 81 | Application for registration, or for the reinstatement or renewal of registration | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 82 | Consideration of application and issuing of certificate | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 83 | Conditional registration | Yes | DSD | | 84 | Cancellation of registration | Yes | DSD | | 85 | Notice of enforcement | Yes | DSD | | 86 | Appeal against and review of certain decisions | No – this is not permissible in present legislation – see section 88 | DSD | Section 86 is not included in the list of sections to be assigned which by implication means that the Appeal process cannot be assigned. The Commission is of the opinion this is an oversight and should be corrected as the Municipal Council should play a role in terms of the appeal processes | 87 | Record and inspection of partial care | Yes | DSD; Other municipal departments - Health | |

3. SUMMARY OF CONCERNS RAISED BY COMMISSION MEMBERS

3.1 Partial Care * The Children’s Act does not presently provide a definition of partial care, but rather a description. Partial care thus needs to be clearly defined during the review process. * The chapter also fails to outline the programmes / services to be rendered. It was recommended that well defined programmes should be included during the review process. * Section 86 is not included in the list of sections to be assigned which by implication means that the Appeal process cannot be assigned, and thus needs to be amended.

The table below outlines the assignment of functions of Municipalities and other role- players in implementing provisions of the Children’s Act with regard to Drop-In
Centres.

Children’s Act | Service | Assign to Municipalities | Other Role-players | Comments/ Challenges | Section 218 | Application for registration, or for the reinstatement or renewal of registration | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 219 | Consideration of application and issuing of certificate | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 220 | Conditional registration | Yes | DSD | | 221 | Cancellation of registration | Yes | DSD | | 222 | Notice of enforcement | Yes | DSD | | 223 | Appeal against and review of certain decisions | No – this is not permissible in present legislation – see section 225 (1) | DSD | Section 223 is not included in the list of sections to be assigned which by implication means that the Appeal process cannot be assigned. This is an oversight and should be corrected as the Municipal Council should play a role in terms of the appeal processes | 224 | Record and inspection of partial care | Yes | DSD; Other municipal departments - Health | |

4. OTHER SECTIONS OF THE CHILDREN’S ACT THAT COULD ALSO BE ASSIGNED TO MUNICIPALITIES OR THAT SHOULD BE AMENDED

* Section 137 of the Children’s Act which refers to the identification and recognition of child headed households, can be assigned on condition that it is a funded mandate * The definition of a “designated social worker” to be amended as follows:
Means a social worker in the service of : * The Department or a Provincial Department of Social Development; * A Municipality or * A Designated Child Protection Organisation

5. FUNCTIONS ALREADY UNDERTAKEN BY SOME MUNICIPALITIES:

The Commission also identified functions, besides those listed in the Children’s Act that are already being implemented by some Municipalities, namely:

* Ensuring child participation in integrated development planning processes; * Safeguarding and promoting the welfare of children in its area; * Safe water and sanitation; * Ensuring that the rights of children are recognized; * Ensuring that children through the child friendly city project live in safe cities/towns; * Established units that deals with children including children with disabilities; * Providing services to children living and working on the streets including referral services; and * Maintaining a register of children receiving services (e.g indigent register)

5.1 Other Role-players: * Other Municipal departments involved in providing services to children include * Social Development, Health and Environmental Affairs; Disaster Management; Town Planning; Law enforcement and Infra-structure * National / Provincial Departments of Social Development * Civil Society/NGOs

5.2 Cross-cutting challenges:
The Commission identified the issue of municipal by-laws that are not the same across Municipalities, thus creating a challenge for the standardization of services, structures and programmes
6. CRITERIA TO BE MET BEFORE FUNCTIONS CAN BE ASSIGNED TO MUNICIPALITIES:

* Funding should follow the assignment of functions; * DSD should allocate resources (financial, human resources, capacity building); * There should be a hand over process and the change needs to be managed properly.
7. AREAS THAT NEED CAPACITY BUILDING, WHO SHOULD BE CAPACITATED AND BY WHOM?

* An assessment tool needs to be developed to determine the areas requiring capacity building; * All role players involved in services to children should be capacitated; * DSD to be responsible for capacity building. Provision should also be made for other training structures to be approached for assistance.
8. DISCUSSION/CHALLENGES

The challenges were incorporated under the different discussion points as outlined above.

Commission 3:
Street Children and Child and Youth Care Centres
1. DEFINITION OF CHILD CARE FACILITIES

This Commission defined Child Care Facilities as:

“A building/premises or a structure offering child care services and programmes for the reception, care, protection and development of more than 6 children either for specific hours or for residential care.”

It excludes the following: * school hostel or other residential facility managed as part of a school; * hospital or other medical facility providing medical treatment to children; * a prison; * any other establishment which is maintained mainly for the tuition or training of children other than an establishment which is maintained for; * children ordered by a court to receive tuition or training.

2. FUNCTIONS, ROLES AND RESPONSIBILITIES RELATED TO STREET CHILDREN AND CHILD AND YOUTH CARE CENTRES

The table below outlines the assignment of functions of Municipalities and other role- players in implementing provisions of the Children’s Act with regard to Drop-In
Centres.

Children’s Act | Function/Service | Assign to Municipalities | Other Role-players | Comments/ Challenges | Section 193 | Provision for child and youth care centres | No | | | 194 | National norms and standards for child and youth care centres | No | | Responsibility of the National Department of Social Development | 197 | Establishment of a child and youth care centre | Yes | DSD, NGOs | | 199 | Application for registration or renewal of registration | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 200 | Consideration of application and issuing of certificate | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 201 | Conditional registration | Yes | DSD | | 202 | Amendment of registration | Yes | DSD | | 203 | Cancellation of registration | Yes | DSD | | 205 | Notice of enforcement | No | DSD | | 207 | Appeal against and review of certain decisions | No – this is not permissible in present legislation – see section 88 | DSD | Section 86 is not included in the list of sections to be assigned which by implication means that the Appeal process cannot be assigned. This is an oversight and should be corrected as the Municipal Council has a role to play in terms of the appeal processes | 87 | Record and inspection of partial care | Yes | DSD; Other municipal departments - Health | |

3. ADDITIONAL FUNCTIONS THAT CAN BE ASSIGNED TO MUNICIPALITIES

The Commission further deliberated on the following functions/activities related to street children that could be assigned to Municipalities:

* Removal of the children from the street; * Accompanying children to the assessment centre; * Assessment centres to undertake the following services: * Intake, assessment (include profiling), family preservation, prevention services. * Temporary placement of the children in the CYCC for further intervention; and * Accompany the child for health assessment to hospital. * Engage in outreach programmes – including working with children on the streets, working with the schools and other community structures; * Profiling children and babies used for begging on the street and providing support to mothers; * Poverty alleviation programmes; * Linking families of children living on the street with food security programmes and other support programmes; and * After care programmes.

4. CRITERIA TO BE MET BEFORE FUNCTIONS CAN BE ASSIGNED TO MUNICIPALITIES

* Municipalities must be assessed to determine if they are ready to be assigned designated child protection services; * Recognition of Municipalities as part of the organs of state. [The need to be recognized as a government entity. Section 105(3)]; * Outreach Programmes as indicated in Section 191 -to be comprehensively outlined; * Treasury to ensure that funds are available or transferred to Municipalities; and the * Phasing in of assignment functions and processes.
5. DISCUSSION / CHALLENGES

The Commission discussed the following challenges:

* Municipalities to consider subsidizing NGOs to provide services to CYCC’s on their behalf; * The current Regulation Form 48 to be amended to enable Municipalities to register facilities; and the * Appointment of management boards.

Commission 4:
Early Childhood Development Facilities and Programmes 1. DEFINITION OF CHILD CARE FACILITIES

During the discussions on the “Definition of Child Care Facility” the following issues were raised: * The need to unpack the word facility as the Children’s Act already defines the words child and care; * Child Care Facility should refer to a safe and healthy environment; * The definition should include all facilities; * Facilities should be accessible and offer inclusive services to especially children with disabilities; and * Facilitiesto be child-friendly

After the deliberations the Commission suggested the following definition:

“A safe and healthy place where children’s needs are holistically addressed to ensure growth, care and development. This facility /place should be registered in terms of the Children’s Act. It includes an ECD centre, a drop-in centre and a partial care facility. It excludes a school, hospital, prison, or boarding school run by a school.” 2. FUNCTIONS, ROLES AND RESPONSIBILITIES

The Commission used the following basic principles as the premise for their discussion on the functions that could be assigned to Municipalities:

* Functions to be assigned to Municipalities that have the capacity and are willing to render the function; * Funding to follow the function; * Funding to be directly provided to Municipalities; * The administrative processes relating to the transfer of funds/grant to be outlined in the regulations; and the * Assessment of capacity for Municipalities must be guided by a national framework.

The table below outlines the assignment of functions of Municipalities and other role- players in implementing provisions of the Children’s Act with regard to Partial Care:

Children’s Act | Function/Service | Assign to Municipalities | Other Role-players | Comments/ Challenges | Section 76 | Definition of Partial Care | No | | | 77 | Strategy concerning Partial Care | No | | | 78 | Provision of Partial Care – including funding of Partial Care | No | To remain with DSD | Provision and funding of services to remain with DSD | 79 | Norms and standards | No | National Minister’s responsibility | The norms and standards should be uniform for registration purposes. Currently no uniformity exists with Municipal by-laws. There needs to be alignment between the Norms and standards as outlined in the Children’s Act and municipal by-laws. | 80 | Registration of Partial Care facilities | Yes | DSD | | 81 | Application for registration, or for the reinstatement or renewal of registration | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 82 | Consideration of application and issuing of certificate | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 83 | Conditional registration | Yes | DSD | | 84 | Cancellation of registration | Yes | DSD | | 85 | Notice of enforcement | Yes | DSD | | 86 | Appeal against and review of certain decisions | No – this is not permissible in present legislation – see section 88 | DSD | Section 86 is not included in the list of sections to be assigned which by implication means that the Appeal process cannot be assigned. This is an oversight as the Municipal Council has a role to play in terms of the appeal processes | 87 | Record and inspection of partial care | Yes | DSD; Other municipal departments - Health | | 88 | Assignment of functions to Municipalities | No | Remains a DSD function | | 89 | Serious injury, abuse, or death of a child in a partial care facility | No | DSD | | 90 | Duty of the Minister to make regulations | No | DSD | |

The table below outlines the assignment of functions of Municipalities and other role- players in implementing provisions of the Children’s Act with regard to Early
Childhood Development Programmes:

Children’s Act | Function/Service | Assign to Municipalities | Other Role-players | Comments/ Challenges | Section 91 | Definition of ECD | No | | | 92 | Strategy concerning ECD | No | | | 93 | Provision of ECD programme – including funding of ECD programme | Yes | DSD | MAY to be changed to MUST. Function to be followed by funding. | 94 | Norms and standards | No | National DSD | This remains the responsibility of the National Minister of Social Development. | 95 | Registration of ECD programme facilities | Yes | DSD | | 96 | Application for registration, or for the reinstatement or renewal of registration | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 97 | Consideration of application and issuing of certificate | Yes | DSD, Other Municipal departments – Town Planning; Infrastructure; Health | | 98 | Conditional registration | Yes | DSD | | 99 | Cancellation of registration | Yes | DSD | | 100 | Notice of enforcement | Yes | DSD | | 101 | Appeal against and review of certain decisions | No – this is not permissible in present legislation – see section 88 | DSD | | 102 | Assignment of functions to Municipalities | No | Remains a DSD function | |

3. CRITERIA TO BE MET BEFORE FUNCTIONS CAN BE ASSIGNED TO MUNICIPALITIES:

The Commission highlighted the following points:

* The need to be aware of the differences between metro’s /districts / Local Government and their respective capacity needs; * If functions are assigned to Municipalities, funding needs to be provided for programmes; * If Municipalities do not have the required capacity to accept the assignment – the function should remain with the Department of Social Development; * Municipalities to approach and consult with relevant Departments for areas of specialization (e.g Department of Education / Health / Social Development)

3.1 Norms and Standards:
The Commission also discussed the criteria relevant to ECD programmes as outlined in the Norms and Standards document and reflected on the following:

3.1.1 The provision of appropriate developmental opportunities: * Children learning about traffic rules and regulations at school * Visits to nature reserves / fire stations / libraries

3.1.2 Caring for children in a constructive environment: * Ensuring that children are cared for in a constructive, caring environment * Utility Directorate (Municipality) to provide clean water * Municipality to provide sewerage facilities * Providing Emergency services / Disaster Management services

3.1.3 Ensuring development of positive social behavior

3.1.4 Respect / Nurturing of culture / spirit / development of child * Municipal profiling can assist with obtaining information on children * Referral to relevant departments

3.1.5 Developmental needs of children * EPWP practitioners identifying unregistered facilities * Providing infrastructure and educational equipment to the ECD Centres
4. AREAS THAT NEED CAPACITY BUILDING, WHO SHOULD BE CAPACITATED AND BY WHOM?

The Commission agreed that the aassessment of capacity for Municipalities must be guided by a national framework.
5. DISCUSSION/CHALLENGES

The challenges were incorporated under the different discussion points as outlined above.

Commission 5:
Prevention and Early intervention Programmes and Child Protection

The Commission focused on identifying key areas within the Children’s Act No.38 of 2005 that could be implemented by Municipalities. Discussions were held exploring key chapters of the Act and outlining those services which were mandatory, already being implemented through municipal social development programmes as well as possible future services. It was clear from the onset that Department of Social Development and Municipal Social Services varied in their understanding of key concepts within the legislation particularly with regard to child care services and facilities. In order to explore this in more detail emphasis was placed on developing a common definition for services being provided to children through structured programmes hence the need to define child care facilities. 1. DEFINITION OF CHILD CARE FACILITIES

In defining the term child care facilities, definitions provided within the Children’s Act were reviewed and key components such as Child and Youth Care centers and Partial Care were highlighted.

Using the aforementioned definitions as well as the services identified by municipal personnel as key in service provision to children, key commonalities became evident. These were listed as follows:

* Target group was 0 -18 years * Providing services to more than 6 children * The service had to be based on the assessment of needs * Not all placements or participation has to be through formal court procedures * Provides specific programmes or activities * Services aimed to provide care and support * Service aimed at empowering and developing children

Based on their deliberations the group came up with the following definition:

“Child Care Facilities encompasses prevention, early intervention and/or statutory services and programmes to 6 or more children aged 0 – 18 years that focuses on the care, development, empowerment and protection of children as mandated and regulated by relevant legislation under which a service provider is governed.” 2. FUNCTIONS, ROLES AND RESPONSIBILITIES OF MUNICIPALITIES:

2.1 Services to Children:

The Municipal Act which guides services provided by Municipalities does not have any definitions relating to Child Care Facilities, CYCC and Partial Care. In order to broaden their understanding of services to children, the Commission focused their attention on perspectives of personnel from within Municipalities and overview of services presently being provided was undertaken. The following Municipalities provided information on their services, namely; Johannesburg, Midvaal, Eastern Cape and the Vaal region.

2.1.1 Early Childhood Development Services * ECD centers owned and run by municipality; * ECD centers owned and leased to NGO’s to run services; * Providing funding to ECD centers. This refers mainly to once off funding, startup funds or funding to assist a center to improve facilities in order to meet registration requirements; * Services catering for children aged 0 – 6 years; * These centers are most often registered in accordance with municipal regulations/by- laws, and may not be registered in accordance with the Children’s Act. * Provide capacity building services to NGO’s, including training of practitioners.

2.1.2 Services to Children Living on the Street * Support to and partnership with NGO’s providing shelters for children; * Gauteng - Assessment centre for children who live on the street. Although not registered as a shelter, the Municipality would like to manage and provide direct services.

2.1.3 Services to children with disabilities * Eastern Cape – Special care centers exist for disabled adults and children (funded through DSD, Health and the Lottery); * The role of the municipality is mainly facilitation and co-ordination.

2.1.4 After-school care services * Computer club house – afterschool care services provided to children aged 8 – 16 years.

2.2 Services within the Children’s Act - Prevention, Early Intervention and Child Protection:

In identifying functions that could be rendered by Municipalities the purpose of prevention and early intervention services as stipulated by the Act as well as specific programmes were explored. Municipal personnel rated the following in relation to functions to be implemented by them.

Most dominant * Outreach Services * Education, information and promotion * Skills development programmes

Partial services * Therapeutic programmes * Family preservation

Not within their present scope * Diversion Programmes * Temporary Safe Care (except for project been implemented in Johannesburg) * Assessment of programmes

3. FUNCTIONS THAT CAN BE ASSIGNED TO MUNICIPALITIES / RESPONSIBILITIES CURRENTLY UNDERTAKEN

* Empower/assist families to obtain basic needs - community development workers are presently active in providing these services at municipal level; * Information and access to services – services can actively be provided by Municipalities in partnership with local CBO’s, NGO’s and government departments; * Assisting with chronically ill - municipal services can be outsourced to CBO’s and NGO’s providing home-based care; * Providing skills and opportunity to communities (life-skills programmes); * Early Childhood Development Centres –registration of ECD, capacitating and enabling the NGO sector to implement ECD programmes on behalf of the municipality;

3.1 Child Protection Services:

It was agreed that Municipalities are presently able to provide the following functions and services as identified in the Act:

* Section 110 – Identification of child in need of protection – municipal social workers and social auxiliary workers work daily with communities and may during the course of their work identify children who they suspect maybe in need of protection. In accordance with the Act they have an obligation to report their suspicion to a designated child protection organization using form 22. There was general agreement that this remains a responsibility of municipal personnel. * Outreach services to children living on the streets – it was agreed that Municipalities were best positioned to provide these services. Presently however they do not have the capacity to do so and these services would need to be appropriately budgeted for by the Department of Social Development.

* Part B – Child Protection Register – Municipalities are mandated to screen all existing and new employees against the register. There was full agreement on this however the Registration procedures need clarification.

* Section 140 – Ensuring children’s safety in areas of entertainment – Municipalities are currently providing this service and felt that they should continue to do so. Presently a joint operational team is in place at municipal level to ensure community safety at events as well as to approve new areas of entertainment.

* Services to children living in child headed households - Municipalities have played an active role in collecting data and documenting children in child headed households in their communities. Direct services to these children are presently outsourced.

* Section 141 – Child Labour – Municipalities remain well positioned to identify and report child labour in their communities.

4. FUNCTIONS THAT CANNOT BE ASSIGNED TO MUNICIPALITIES * Diversion services * Court ordered prevention services

5. RECOMMENDATIONS - DESIGNATED FUNCTIONS: CHILD PROTECTION

In relation to the designated functions on child protection, three possible options were identified:

* Municipal social workers designated the same functions as a police officer – can intervene in an emergency and remove children in need of protection, or

* Municipal social workers are designated the same functions as a social worker within a designated organisation but only conduct court activities to the point where a child or parents are referred into prevention and/or early intervention services which they then supervise, or

* Municipal social workers provide full child protection services – full designation.

6. CRITERIA TO BE MET BEFORE FUNCTIONS CAN BE ASSIGNED TO MUNICIPALITIES:

From the above it is evident that Municipalities felt comfortable in providing prevention and early intervention services but did not want to participate in statutory processes. This conflicted with the view that they wanted to be designated child protection organizations. It is evident that much more consultation is needed in this regard. The difference in Municipalities across the country with regard to resources as well as community needs must also be considered. It will thus be difficult to develop blanket rules with regard to those services to be implemented by Municipalities due to this.

Municipalities identified the following key issues regarding their role in relation to the implementation of the Children’s Act, namely:

* There is a need for provincial and district engagement with Municipalities; * Municipalities should not delay in increasing services and become active in implementing the Children’s Act in areas where they presently feel able to; * The registration of prevention and early programmes presently being implemented by Municipalities would provide a better picture of the capacity of Municipalities to implement services to children as well as help in identifying good practices for roll out and duplication in other Municipalities; * Consideration of the resources of the different Municipalities as well as community need must be considered; * There is a need for provincial and district engagement with Municipalities; * Channels of communication between DSD and Municipalities need to be strengthened. There needs to be discussions and training for Municipalities in understanding the Children’s Act and in integrating norms and standards; * Local plans of action need to be developed in collaboration between DSD and Municipalities and need to form the foundation for the development of MOU’s that are specific and relevant to each individual municipal area; and * Municipalities need to be recognised by DSD as an equal partner in the delivery of services to children.

7. AREAS THAT NEED CAPACITY BUILDING, WHO SHOULD BE CAPACITATED AND BY WHOM?

The Commission agreed that the capacity building needs to be undertaken by the Department of Social Development in view of them currently rendering most of the services.
8. DISCUSSION/CHALLENGES

The challenges were incorporated under the different discussion points as outlined above.

Session 4:
4.1 Way Forward / Recommendations

The following are some of the key recommendations from the various Commissions that have been captured according to the areas of consensus or themes that have emerged from each Commission:

COMMISSION 1: DISABILITY

* Municipalities to be assigned non-administrative roles in implementing the Children’s Act; * Overseeing, coordination and monitoring of compliance in the establishment of facilities; * Funding, training and capacity building would be required before mandating Municipalities with these responsibilities; * Ensure integrated development planning in respect of child care facilities within its area of jurisdiction; * Maintain a register of the total number of children and record their ages in its area of jurisdiction; * Ensure capacity building for stakeholders and people with disabilities as well as to find mechanisms to ensure that stakeholders attend forums and are capacitated to make meaningful decisions; * Facilitate and co-ordinate community education and awareness programmes; and * Compile community profiles on the prevalence and manifestation of disability in the community.

COMMISSION 2: PARTIAL CARE AND DROP IN CENTRES

* Current definition of partial care provides a description rather than a definition and needs to be reviewed; * Clearly defined programmes need to be outlined in the Chapter on partial care; * Section 86 needs to be included in the list of sections to be assigned. (By implication this means that the Appeal process cannot be assigned, and thus needs to be amended); * Definition of a designated social worker to be amended; * Uniformity of municipal by-laws to ensure standardization of services; * Funding to follow the assignment of functions; and * An assignment tool to be developed to determine the capacity building areas.

COMMISSION 3: STREET CHILDREN AND CHILD & YOUTH CARE
CENTRES

* Municipalities must be assessed to determine if they are ready to render designated child protection services; * Municipalities to be recognized as an organ of state [Section 105(3)]; * Treasury to ensure that funds are available to Municipalities; * The assignment of functions should be phased in; and * Form 48 to be amended to enable Municipalities to register facilities.

COMMISSION 4: EARLY CHILDHOOD DEVELOPMENT AND PROGRAMMES

* Discussions to be held with Municipalities to find common ground between the Norms and Standards of the Children’s Act and Municipal by-laws; * Need to differentiate between metro’s /district and local Municipalities; * Devolution and assignment needs to be made dependant on capacity; * Inclusive ECD services to be incorporated into the Integrated Development Plans (IDP’s) of Municipalities; and * Assigned functions to be funded.

COMMISSION 5: PREVENTION & EARLY INTERVENTION / CHILD PROTECTION

* Consideration to be given to resources of the different Municipalities; * Channels of communication between DSD and Municipalities need to be strengthened; * Capacity building and training on the Children’s Act is necessary at all levels; * Local plans of action need to be developed in partnership with DSD and Municipalities; * Memorandum of Understanding needs to be specific and relevant to each individual municipal area; and * Municipalities need to be recognised by DSD as an equal partner in the delivery of services to children.
4.2 Conclusion

The Workshop was concluded by Ms Agnes Muller from the National Department of Social Development, She indicated that as a state department responsible for promoting and protecting the rights of especially vulnerable children, the Department of Social Development has identified the need to convene this workshop not only to access the state of readiness of Municipalities, but also the need to integrate the work it is doing with vulnerable sectors (disability sector and older persons) and to facilitate a process whereby roles and responsibilities could be clarified.

Though the Department was disappointed in the number of attendees of especially Local Government representatives, the outcomes of the workshop proved that the whole process was useful and productive. The process has provided the Department with a more holistic understanding of the complexity of the differences in approach between the three spheres of government.

Ms Muller also reminded delegates that it was mutually agreed to postpone the discussions and processes relating to the list of indicators for monitoring in relation to services rendered by both provinces and Municipalities and that this will be dealt with at a later workshop.

4.3 Vote of Thanks

Ms Muller extended a vote of thanks to all participants for their attendance, active participation and deliberations during their three-day workshop. She also thanked all the presenters for their invaluable inputs and presentations, the facilitators for their assistance in directing the discussions, and the rapporteurs and scribes for their commitment and dedication during the workshop. She also extended her gratitude to all the staff members of the National Department of Social Development and SALGA who contributed to the successful manner in which the Workshop was managed.

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APPENDIX 1: Agenda Tea and Registration

OPENING AND WELCOME:

Welcome, and introductions Opening remarks: Background and purpose
Chief Director Children - Ms Margot Davids

PRESENTATIONS: Devolution of Legislation Powers to Local Municipalities in general
Prof Jaap de Visser Community Law Centre, UWC

Local Government, the South African Constitution and Child Rights.
André Viviers, UNICEF

Position taken by the SA Law Commission/Background Paper
Dr Jackie Loffell Local Government and the implementation of the Children’s
Act: Framework on Assignment of functions
Ms M Sebopela

Link between EPWP and ECD in Local Government.
Ms Pearl Mugerwa - Department of Public Works

Situational Analysis on the rights of children with Disabilities
Ms Manthipi Molamu

Presentations from NGO’s Disability Sector: Services needed by children with disabilities from Local Government * National Council for persons with Physical Disabilities (NCPPDSA) * The Right to Education for Children with Disabilities University of Western Cape.

Presentation from Older Persons Directorate
Ms D T Mahlangu

Municipality Experiences/current practices
* Gauteng Municipalities
* Rural Municipality
* KZN

BREAK INTO COMMISSIONS: Facilitators from DSD

1. Disability sector: services needed by children with disabilities.

2. Partial Care Facilities, Drop in Centres,

3. Street Children and CYCC

4. Early Childhood Development facilities and programmes

5. Prevention and Early intervention Programmes and Child Protection

REPORT BACK FROM COMMISSIONS

WAY FORWARD / RECOMMENDATIONS

CONCLUSION/ VOTE OF THANKS

APPENDIX 2: List of Participants

Name | Department / Organisation | Contact details | Dr Jackie Loffell | Johannesburg Child Welfare | Jackiel@worlonline.co.za | Prof Jaap de Visser | UWC Community Law Centre | jdevisser@uwc.ac.za | Danie Botha-Marais | NCPPDSA | Daniemarais1@gmail.com | Nerina Nel | University of the Western Cape | nerina@cdcjhs.co.za | Andre Viviers | UNICEF SA | aviviers@unicef.org.za | Mr Maluta | DPSA | maluta@dpsa.org.za | Sonto Mkhonza | DICAG | Mhonza.Sonta@gmail.com | Ntjantja Ned | Hollard Foundation | Ntjantja@hollard.co.za | Naomi Koatla | Hollard Foundation | naomik@hollard.co.za | Shadruck Shuping | Hollard Foundation | Shadrack@shupza.com | Crystal Theron | Le-Shika Consulting | crystalt@lantic.net | Watson Ramushu | Hollard Foundation | Watson@hollard.co.za | Tony Parker | Touch Life Centre | touchlifecentre@mtnloaded.co.za | Z. Taffeni | EC Social Development | Zandisile.taffeni@socdev.ecprov.gov.za | Hilda Mkhwanazi | City of Johannesburg | Hildam@joburg.org.za | Dolphin Magagua | Sedibeng District Municipality | dolphin@sedibeng.gov.za | Lungile Magibela | National DSD | LungileM@dsd.gov.za | Alan Grobler | City of Johanneburg | alangr@joburg.org.za | Nkele Mommakwe | City of Johanneburg | nkelem@joburg.org.za | K. Mocheki | Emfuleni District Municipality | Katem@emfuleni.gov.za | B. Nkadisimeng | Makhuo – u - Maga | | K.P. Phaldira | Midvaal | Kgomotsop@midvaal.gov.za | Nomalizo Magesa | City of Joburg | nomalizomagesa@gmail.com | Vuyisa Mbangi | Ngqushwa Municipality | vmbangi@ngqushwa.mun.co.za | Shirley Lesupi | SALGA NW | smolema@salga.org.za | Nondumiso Twala | SALGA EC | ntwala@salga.org.za | M. Mallane | SALGA | mmalane@salga.org.za | M.M. Louw | Kai-garib Municipality | louwm@kaigarib.gov.za | J.H.C Mkhari | Greater Tzaneen Municipality | Headman. Mkhari@tzaneen.gov.za | Sheila Maluleka | City of Tshwane | sheilam@tshwane.gov.za | S.S. Ramalefe | Ba-phalaborwa | ramalepes@baphalaborwa.gov.za | Mathilda Morelong | Soc Dev - Gauteng | Mathilda.Morelong@gauteng.gov.za | Bertha Bathane | Soc Dev - Gauteng | bertha.bothane@lephalale.gov.za |

Name | Department / Organisation | Contact details | Khosi Msibi | Soc Dev - Gauteng | Khosi.Msibi@gauteng.gov.za | N. Ntembelo | Mkhambothini Municipality-KZN | nhlakanipho.ntembelo@mkhumbathini.gov.za | Wandile Zwane | City of Johannesburg | wandilez@joburg.org.za | M.M Sithole | Musina Municipality | mayorsec@musina.gov.za | Bandi Biko | City of Cape Town | Bandi.Biko@capetown.gov.za | Gregory Chauke | City of Tshwane | Gregoryc@tshwane.gov.za | Nozibele Makwanda | SALGA | nmakanda@chrishanidm.gov.za | Mpho Selepe | SALGA | mselepe@salga.org.za | Joyce Msiza | City of Tshwane | joycems@tshwane.gov.za | Nomalizo Mageza | City of Joburg | nomalizom@joburg.gov.za | Maxwell Mbiu | Hibiscus Coast Municipality | max@hcm.gov.za | Nomthandazo Mbonelwa | SALGA | nmbonelwa@salga.org.za | Sheila Maluleka | City of Tshwane | sheilam@tshwane.org.za | Florence Marengwa | City of Tshwane | florencemar@tshwane.gov.za | Vuyisa Mbangi | Ngqushwa Municipality EC | mbangi@ngqushwamun.co.za | Mandy Mthethwa | SALGA - EC | mmthethwa@salga.org.za | Nozibele Makanda | SALGA - EC | mmakanda@chrishanidm.gov.za | Lucia Ramagaga | Randfontein Local Mun | Lucia.ramagaga@randfontein.gov.za | Joyce Hlone | City of Tshwane | joyceh@tshwane.gov.za | T. Mare | City of Tshwane | tshireletsom@tshwane.gov.za | Thabang Malapela | City of Tshwane | thabangm@tshwane.gov.za | Temeng Koena | Soc Dev – North West | tkoena@nwpg.gov.za | Sipho Nkosi | Soc Dev – Northern Cape | snkosi@ncpg.gov.za | Lesego Mothata | Soc Dev – North West | Mothata@ncpg.gov.za | Cynthia Derelemo-Nyoni | Soc Dev - Gauteng | Cynthia.Derelemo@gauteng.gov.za | Ntheki Kgukuthi | Soc Dev - Gauteng | Ntheki.Kgukuthi@gauteng.gov.za | Mantwa Mogashoe | Soc Dev Gauteng | Mantwa.mogashoa@gauteng.gov.za | Phumudzo Mukheli | Soc Dev Gauteng | Phumudzo.Mukheli@gauteng.gov.za | Nomuzi Mkhabela | Soc Dev Mpumalanga | NomuziM.Social.mpu.gov.za | Willie Sapsford | Soc Dev – Free State | Sapsfordw@socdev.fs.gov.za | Sharon Follentine | Soc Dev – Western Cape | | Nomfundo Nabela | Soc Dev – Western Cape | nnabela@pgwc.gov.za | Daphney Naidoo | Soc Dev – Jhb District Office | Daphney.Naidoo@gauteng.gov.za |

Name | Department / Organization | Contact details | Corne Hoffman | Soc Dev – Jhb District Office | CorneH@gpg.gov.za | Thelma van der Berg | Soc Dev – Jhb District Office | Thelma.vanderberg@gpg.gov.za | Dudu Musi | Soc Dev – Jhb District Office | Dudu.Musi@gpg.gov.za | Nomgcobo Mgilane | Soc Dev - E/Cape | | N.T.L. Ngqangweni | Soc Dev – E/Cape | | Aziza Dalika | Soc Dev - KZN | Aziza.Dalika@kznsocdev.gov.za | Zuma Bathabile | Soc Dev - KZN | Bathabile.zuma@kznsocdev.gov.za | Vivi Ndwandwe | Soc Dev - KZN | viv.ndwandwe@kznsocdev.gov.za | Nosipho Matshaba | Dept of Education - Gauteng | Nosipho.matshoba@gauteng.gov.za | Thobeka Msimango | Dept of Education - Gauteng | Thobeka.msimango@gauteng.gov.za | Rene Wilken | Soc Dev - Gauteng | Rene.Wilken@gauteng.gov.za | Kinsey Rasebitse | National DSD | KinseyR@dsd.gov.za | Carmen Benjamin | National DSD | CarmenB@dsd.gov.za | Louise Erasmus | National DSD | louisee@dsd.gov.za | Margot Davids | National DSD | MargotD@dsd.gov.za | Stefanie Scholtz | National DSD | StefanieS@dsd.gov.za | Motlapele Ntswane | National DSD | MotlapeleN@dsd.gov.za | Ivy Rapoo | National DSD | IvyR@dsd.gov.za | Busi Sambo | National DSD | BusiS@dsd.gov.za | Musa Mbere | National DSD | MusaM@dsd.gov.za | Portia Mthembu | National DSD | PortiaMt@dsd.gov.za | Lungile Magqibelo | National DSD | LungileM@dsd.gov.za | Yvonne Masemola | National DSD | YvonneMa@dsd.gov.za | Evelyn Tsatsi | National DSD | EvelynT@dsd.gov.za | Nkensani Shibambu | National DSD | NkensaS@dsd.gov.za | Marlene Primo | National DSD | MarleneP@dsd.gov.za | Matlogonolo Sebopela | National DSD | MatlhogonoloS@dsd.gov.za | Mpho Papale | National DSD | MphoPa@dsd.gov.za | Neliswa Cekiso | National DSD | NeliswaC@dsd.gov.za | Mahlatse Mogoane | National DSD | MahlatseMo@dsd.gov.za | Vusi Mkwanazi | National DSD | VusiMk@dsd.gov.za | Julia Sedibe | National DSD | JuliaS@dsd.gov.za | Agnes Muller | National DSD | Mullera@dsd.gov.za | Dorothy van der Spuy | National DSD | DorothyV@dsd.gov.za |

Name | Department / Organisation | Contact details | Thuli Mahlangu | National DSD | DorothyT@dsd.gov.za | Matu Jafta | National DSD | MatuJ@dsd.gov.za | Manthipi Molamu-Rahloa | National DSD | ManthipiMR@dsd.gov.za | Manthipi Molamu-Rahloa | National DSD | ManthipiMR@dsd.gov.za | Rose September | Dept of Women, Children & persons with disabilities | Roseline@dwcpd@gov.za | Pear Mugwera | Department of Public Works | Pearl.Mugwera@dpw.gov.za | Gyan Dwarika | National DSD | GyanD@dsd.gov.za | Michael Prince | Dept of Co-operative Governance and Traditional Affairs | michaelp@cogta.gov.za | Nkere Skosana | National DSD | Nkeres@dsd.gov.za | Sanmarie Lotter | National DSD | SanmarieL@dsd.gov.za | Nkatane Matsomane | National DSD | Nkatanem@dsd.gov.za | Eva Malaka | Soc Dev – North West | emalaka@nwpg.gov.za | Megan Briede | Lifeline | meganbriede@gmail.com | Laura Chiweshe | NASWA Secretariat | laura@aqula.co.za | Ashley Theron | Consultant | Theron.ashley@gmail.com |