Disaster Management Act, 2002 (Act No. 57 of 2002)NoticesDirections regarding the phased return of children to Early Childhood Development Programmes and Partial Care Facilities4. Reopening of early childhood development programmes or partial care facilities |
| (1) | An early childhood development programme, other than a programme referred to in sub-direction (5), may, subject to sub-directions (3), (4), (6) and direction 7, reopen immediately subject to the appropriate and/or prescribed safety measures being in place and provided it— |
| (a) | is registered or conditionally registered in terms of section 95 or 98 of the Children's Act; |
| (b) | has applied to be registered in terms of section 96 of the Children's Act with a provincial department of social development: Provided that proof that such an application was submitted, and that the application was not rejected in terms of section 82(1)(a) of the Children's Act, is furnished to the provincial department of social development; |
| (c) | has received a notice of enforcement to register in terms of section 85 of the Children's Act: Provided that proof of such notice of enforcement is furnished to the provincial department of social development; or |
| (d) | is required to be registered in terms of section 95 of the Children's Act, but is not registered and has not applied to be registered: Provided that it undertakes in writing as part of Form 1 to submit its application to be registered within six months after the date of reopening. |
| (2) | A partial care facility that provides an after-school service, other than a service referred to in sub-direction (6), may, subject to sub-directions (3), (4) and (7), reopen immediately subject to the appropriate and/or prescribed safety measures being in place and provided it— |
| (a) | is registered or conditionally registered in terms of sections 76 or 80 of the Children's Act; |
| (b) | has applied to be registered in terms of section 81 of the Children's Act with a provincial department of social development: Provided that proof that such an application was submitted, and that the application was not rejected in terms of section 97(1)(a) is furnished to the provincial department of social development; or |
| (c) | has received a notice of enforcement to register in terms of section 85 of the Children's Act: Provided that proof of such notice of enforcement is furnished to the provincial department of social development; or |
| (d) | is required to be registered in terms of section 80 of the Children's Act, but is not registered and has not applied to be registered: Provided that it undertakes in writing as part of Form 1 to submit its application to be registered within six months after the date of reopening. |
| (3) | The provisions of sub-directions (1) and (2) only apply to an early childhood development programme or partial care facility that was operational during the month that the national state of disaster was declared. |
| (4) | An early childhood development programme or partial care facility contemplated in sub-directions (1) and (2) must— |
| (a) | comply with the minimum health, safety and social distancing measures on COVID-19, referred to in these directions and the Regulations; |
| (b) | comply with the standard operating procedures published on the website of the Department of Social Development; |
| (c) | complete a self-assessment on Form 1 (Annexure A) to these directions manually or online at https://www.forms.gle/R3WCFapcguyBfv7MA; |
| (d) | complete a declaration on Form 5 (Annexure E to these directions) confirming that the early childhood development programme or partial care facility complies with the minimum health, safety and social distancing measures and requirements on COVID-19 referred to in these directions and the standard operating procedures published on the Department of Social Development website and must display same publicly on the premises of the early childhood development programme or partial care facility; |
| (e) | develop a workplace plan, contemplated in regulation 47(1)(b) and Annexure E to the Regulations; |
| (f) | in the case of an early childhood development programme contemplated in sub-direction (1)(b), (c) or (d), the early childhood development programme must furnish proof that it has participated and submitted the required information as part of the national Vangasali campaign to identify and register unregistered early childhood development programmes (https://www.nelsonmandela.org/vangasali). |
| (5) | The provisions of sub-direction (1) exclude a Grade R programme or class that is provided as a part of a public school or an independent school that falls under the provisions of the South African Schools Act, 1996 (Act No. 84 of 1996). |
| (6) | A public school or an independent school that complies with the minimum health, safety and social distancing measures on COVID-19 and is open; and has already phased in Grade R and Pre-Grade R, may continue with the opening of such Grade R and Pre-Grade R. |
| (7) | The provisions of sub-direction (2) exclude aftercare facilities that are part of a public school, an independent school or education support centre that falls under the provisions of the South African Schools Act, 1996. |
| (8) | Aftercare facilities for Grade R and Pre-Grade R that are managed by or operate— |
| (a) | at a public school or an independent school; or |
| (b) | in education support centres, are allowed to re-open: Provided that they comply with the minimum health, safety and social distancing measures and requirements on COVID-19, as contained in Department of Health Guidelines. |
| (9) | An early childhood development programme or partial care facility that does not comply with the minimum health, safety and social distancing measures on COVID-19, must remain closed or be required to close until all the health, safety and social distancing measures are in place. |