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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Directions regarding the phased return of children to Early Childhood Development Programmes and Partial Care Facilities

1. Definitions

 

In these directions, a word or expression to which a meaning has been assigned in the Disaster Management Act, 2002 (Act No. 57 of 2002) or in the Regulations has the meaning so assigned, and, unless the context indicates otherwise—

 

"certificate"

means a certificate issued in terms of direction 12;

 

"child"

means a child from birth up to the age of six (6) years (the calendar year a child turns six), and "children" has the same meaning;

 

"Children's Act"

means the Children's Act, 2005 (Act No. 38 of 2005);

 

"compliance officer"

means the person designated in terms of regulation 47(1)(a) of the Regulations by an early childhood development programme or a partial care facility;

 

"Department of Health Guidelines"

means the guidelines for symptom monitoring and management of essential workers for COVID-19 related infection, issued by the National Department of Health in April 2020, accessible through the following link:

https://www.saiosh.co.za/news/502409/Guidelines-for-symptom-monitoring-and-management-of-essential-workers-for-COVID-19-related-infection.htm;

 

"department"

means the national Department of Social Development;

 

"Department of Health"

means the national and provincial Departments of Health;

 

"designated organisation"

means any government agency, non-governmental organisation or entity that has been appointed in writing by the Minister, Director-General, Member of the Executive Council responsible for social development or provincial head of department, or official designated, in terms of direction 4(8);

 

"designated person"

means a person that is designated or requested by a parent or legal guardian to provide information or act on his or her behalf;

 

"directions"

means any directions issued by a member of Cabinet in terms of regulation 4 of the Regulations that apply directly or indirectly to the operations of an early childhood development programme under COVID-19;

 

"early childhood development programme (ECD Programme)"

means, with due consideration to the National Integrated Early Childhood Development Policy (2015), the provision of early learning and development opportunities, daily care and support to children from birth to six years, that falls within the provisions of the Children's Act, and includes—

(a) an ECD centre (section 93(5)(a));
(b) a child minder;
(c) a playgroup;
(d) a toy-library;
(e) a mobile early childhood development programme; and
(f) a parental support programme;

 

"head of department"

has the meaning assigned to it in the Public Service Act, 1994 (Proclamation No.103 of 1994);

 

"Minister"

means the Minister responsible for social development;

 

"offices"

includes the national offices, provincial offices, district offices or any other office within the jurisdiction of the head of a provincial department and the national department of Social Development;

 

"official"

means a person employed by the national or provincial department of social development under the provisions of the Public Service Act, 1994;

 

"partial care facility"

means a partial care facility that provides an "after school service" as defined in regulation 12(2) of the General Regulations regarding Children made in terms of section 306 of the Children's Act (Government Notice No. R. 261 of 1 April 2010 published in Government Gazette No. 33076);

 

"permit"

means a permit issued in terms of direction 12;

 

"premises"

means the physical location where an early childhood development programme is conducted either on a permanent basis, in the case of a partial care facility, toy library or child minder, or on a temporary basis, in case of a playgroup, mobile early childhood development programme or parent support group, and includes all administrative spaces associated with the programme or being part of the physical location of the programme and outside play, recreation and waiting areas;

 

"the Regulations"

means the Regulations made in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002), and published in Government Gazette No. 43258 under Government Notice No. R480 of 29 April 2020 as amended by Government Notice No. 608 of 28 May 2020 and Government Notice No. 714 of 25 June 2020;

 

"staff"

unless otherwise indicated, includes an early childhood development educator, early childhood development practitioner, administrative and other support staff, either full time or part time involved in the operations of the early childhood development programme; and

 

"standard operating procedures"

means the standard operating procedures and guidelines for early childhood development programmes on COVID-19 as published on the Department of Social Development's website or any amendment thereof.