The Commission shares the concerns of Government with respect to the safety and health of learners, teachers and support staff and appreciates how difficult these Covid-19 related decisions are to make. However, the Commission is concerned about the implications of this decision for the right to a basic education; the best interests of the child; the loss of teaching and learning time; and the transparency with which Government made this decision, amongst others.  The health related justification for the decision is also somewhat vague and unconvincing in certain respects, particularly when compared with decisions pertaining to other sectors.

The Commission, as mandated by the Constitution to ‘promote the protection, development and attainment of human rights’, calls on Government to ensure that learners continue to enjoy their right to a basic education and that its decisions are sensitive to the balancing of rights in the Bill of Rights. The Commission once again underscores the constitutional principle that the best interests of the child are of paramount importance in any matter concerning the child.

Evidence does not suggest that schools have played a significant role in the spreading of the virus or will do so in future.   On the contrary, schools have proved to be some of the safest spaces when health and safety protocols are adhered to.  Children have been much less affected by the virus than others and few children have died from the pandemic.  There is currently little evidence that suggests that this will significantly change as a result of the new variant of the virus that has occurred in our country.  Nor is it  clear how a two-week delay in the opening of schools will assist in protecting learners, teachers and support staff – bearing in mind that  a number of provinces will only move into the peak of the pandemic after this period. With the potential for further outbreaks as the winter months approach, the Commission is concerned about the impact of this postponement on the academic well-being of learners and the ability of schools to cover the curriculum for 2021.

A more sensible approach would be to allow schools to reopen as planned (which was supported by the Department until very recently), making sure that health and safety protocols are in place at all schools, protecting teachers with co-morbidities by providing interim replacements to stand in for them and prioritizing teachers for vaccination.  This would support the safe return of teachers and learners to schools whilst upholding the right to a basic education and serving the best interests of all our children, especially the poor and vulnerable amongst them, at the same time.

Further, the Commission is worried that postponing the reopening of schools will compromise the National Schools Nutrition Programme. Evidence suggests that only a limited number of learners who receive a meal at school, are able to do so whilst schools are closed.[1]
The Commission has previously called on the Department to share its submission to the National Coronavirus Command Council, to enable the Commission to better understand the position of the Department. The Commission encourages greater transparency and information sharing for better outcomes across the sector.

The Commission will continue to engage the Department on the matters highlighted above, and will seek to influence the Department to prioritise the best interests of the child in its decision making.

Ends
Issued by the South African Human Rights Commission

Gushwell Brooks – Communications Co-ordinator Tel: 082 645 8573 This email address is being protected from spambots. You need JavaScript enabled to view it.