Matters affecting young and vulnerable children were discussed during the recent briefing to the Portfolio Committee on Basic Education on 28 August 2026, with a focus on the Children’s Amendment Bill and challenges and mitigations in respect of Schools for Learners with Special Education Needs. Basic Education Minister, Ms Siviwe Gwarube, Deputy Minister, Dr Reginah Mhaule, and the Department of Basic Education Management Team attended the session.
Minister Gwarube expressed her satisfaction that the Children’s Amendment Bill was ready for submission to Parliament for engagement. She added that the Bill is important as the first year of a child’s life establishes the foundation upon which future learning is built: “Access to quality early learning remains a challenge in poor and underserved communities and the Bill seeks to address the regulatory barriers that are contributing to these inequalities. The Bill proposes consolidating the regulation of Early Childhood Development (ECD) under revised Chapter 6 of The Children’s Act and under the authority of the Department of Basic Education (DBE), to replace the current two-stage registration system with a single registration process, one that sets norms and standards to promote early learning, whilst reducing red tape”. The Minister added that considerable work had gone into the policy development and consultation process, providing background about the process to date, with the Bill being approved by Cabinet in May 2026, and is in the final stages of processing for formal introduction to Parliament.
Dr Janeli Kotze, Director for ECD, explained that “The Children’s Act resides under the custodianship of the Minister of Social Development, but the Bill seeks to streamline ECD by consolidating the regulatory framework under one revised Chapter 6 under the sole authority of the DBE. This will enable the Department to realise the vision in the National Development Plan (NPD) 2030 of universal access to ECD by 2030”. She added that the basic right to ECD for all children finds its foundation in Section 29(1)(a) of the Constitution, which declares that “everyone has a right to basic education”. The Bill will introduce a streamlined, single registration process and integrate this in progress made through the DBE’s Bana Pele Mass Registration Drive, which is being implemented through a central digital registration system (eCares) that enables real-time monitoring of ECD registrations, reducing red tape; overlap; misalignment; and exclusion.
Director-General, Mr Mathanzima Mweli, set up a special Technical Task Team (TTT) in 2021, co-chaired by the DBE’s legal team, the Department of Social Development and the ECD sector. The DBE comprehensively redrafted the Bill with input from the TTT and gazetted for public comment in May 2024. The Bill has also benefited from extensive input from the Office of the Chief State Law Advisor (OCSLA). The Bill has been approved by all internal structures and received approval by OCSLA and the Socio-Economic Impact Study (SEIAS) by the Department of Planning, Monitoring and Evaluation (DPME).
The implications of the Bill will include, amongst others, increased access to ECD programmes, and better-quality provisioning for pre-school children, ensuring more equitable access to affordable childcare for parents and caregivers. As mentioned, reduced red tape and streamlined registration will lead to greater viability and sustainability through improved access to pre-registration support, ECD subsidy and appropriate facilities, and better recognition of diverse ECD delivery modalities for ECD Programme providers. For employees at ECD Programmes, this means improved pay and conditions through enhanced access to pre-registration support, the ECD subsidy, and appropriate facilities along with new employment and micro enterprise development opportunities. Lastly, support for the local economy by the establishment of ECD Programmes in even the most under-resourced communities will become a reality.