Failing provinces deserve better

12 August 2016 - 03:21 By KATHARINE CHILD

Equal Education is proposing amending the constitution to ensure that when the central government intervenes in the administration of a failing province the intervention works. Five years after the government took over responsibility for fixing education in Eastern Cape, the situation in schools there "is disastrous", said the NGO.It cited the province's premier, Phumulo Masualle. who recently said schooling in Eastern Cape had "collapsed".In its submission for a law change, Equal Education said that R1.9-million had been spent on transporting six pupils to school in a year, that dysfunctional school meals programmes left children hungry, and that decrepit school buildings were life-threatening.Central government intervention in provincial affairs is allowed in terms of section 100 of the constitution and is invoked when a provincial government fails to function adequately.But Equal Education says there is not enough clarity on how such interventions must be effected.This "legislative vacuum" leads to confusion and conflict between national and provincial departments over roles and authority."The prolonged paralysis and loss of accountability in the department limited the effectiveness of the intervention," it said.The organisation is asking for legislation to clarify when an intervention can be ended. The current law gives "little guidance", it says.The NGO wants regulations that will set out how interventions should be made promulgated.It has submitted its request to the Joint Constitutional Review Committee.If its submission is successful it would require a change to the constitution to specify clearly that the National Council of Provinces must review interventions "quarterly"...

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