SEDIBENG.- Three Early Child Development Centre (ECD) principals from Orange Farm are facing fines of R5 000 for operating without a City of Johannesburg (CoJ) permit.

The Sisonke ECD Forum, which organises ECDs in Johannesburg’s Region G, which includes Orange Farm, estimates that almost half of its 200 members are struggling to obtain these permits.

It was postponed to allow LHR to make written representations.

Lawyers for Human Rights (LHR) is representing the three principals, and the matter appeared before the Vereeniging Magistrate’s Court on September 30. It was postponed to allow LHR to make written representations setting out why the fines should be withdrawn.

Should the representations not be accepted, the matter will proceed to trial on November 11.

The ECDs, known as crèches, are said to be fined every week in Region G because ECDs in townships and informal settlements are unable to meet the City’s requirements.

It is said that even if they pay the fine, the principals still won’t have the permits and face closure.

Three key barriers prevent ECDs from obtaining permits:

•            First, a title deed or rental agreement is required, but among other reasons, ECDs in informal settlements or unproclaimed township areas cannot obtain these.

•            Second, the cost of required professionally drawn building plans is prohibitive.

•            Third, the overall cost of obtaining the permit, with multiple fees required by different administrative departments in the city.

They are being fined and threatened with closure.

It is said that the ECDs have been complying with the recommendations of health inspectors whenever possible, but even when they do, without a permit, they are being fined and threatened with closure.

LHR said the troubling part is that without a permit from the city, the ECD’s are not eligible for Department of Basic Education grants, which could assist the ECDs in meeting the city’s bylaws.

It is the regulatory system that is at fault.

David Dickinson, an attorney at LHR, explained, “It’s impossible for many ECDs in townships and informal settlements to meet the City of Johannesburg’s requirements. These are the same whether the ECD is in Sandton or an informal settlement. It is the regulatory system that is at fault, not the ECD principals who are doing their best in impoverished communities to provide care and early childhood development.”

Sedibeng Ster sent an enquiry to the City of Johannesburg and at the time of going to print no response had been issued.