Thousands of Eastern Cape learners face being without textbooks next year as the education department has used funds for learner-teacher support materials (LTSM) to pay teacher salaries and buy school furniture.
The Publisher’s Association of South Africa (Pasa) has warned it will take legal action against the department if it fails to meet its obligations to order agreed textbooks.
The legal threat and funds diversion are contained in two harshly worded letters from Pasa to premier Phumulo Masualle, education MEC Mandla Makupula and acting department head Ray Tywakadi.
The funds diversion is also mentioned in a memorandum by finance MEC Sakhumzi Somyo dated August 11, informing the department that R200-million of its LTSM budget would be used to pay the salaries of 502 teachers.
“About R100-million must be allocated for compensation of employees for the funding of 502 teaching posts in critical subjects like mathematics, physical science, Afrikaans, geography, agriculture and accounting.
“A further R100-million be allocated for the provisioning of school furniture which is procured by National Treasury through their chief procurement officer,” Somyo wrote.
Yesterday, Somyo confirmed the diversion of funds, saying it was necessitated by the department’s under-expenditure in its LTSM budget.
“We monitor spending of all departments and we had seen that they would underspend and needed funds for something else. So we advised accordingly,” Somyo said.
Department spokesman Loyiso Pulumani also confirmed that money meant for LTSM would be used to pay teacher salaries.
“Yes, this is true. Last year, 2014, the department finalised the implementation of the Curriculum Assessment Policy Statement (Caps) with a full delivery of all the required new learner and teacher support materials.
“As a rule, the departmental retention policy allocates a life-span of three years for newly delivered materials.
“That means that in 2015 the department is only providing supplementary topping-up materials, which ordinarily should not exceed 10% of the previous year’s full order.”
Pulumani said there was no shortfall and the available resources were more than enough to provide for a top-up.
However, in a letter dated October 24, Pasa’s provincial representative, Warren Kliphuis, wrote that publishers had still not received orders.
“You confirmed that your department had to direct LTSM funding towards payment of critical teacher salaries and to pay for school furniture.
“As a result you were concerned that there would be no funding left to pay for the second batch of resources orders that are outstanding.
“We understand the difficulty your department faces but would like to reaffirm that publishers were given commitments in the form of indicative quantities ... and that publishers have in turn made financial commitments to produce the resources needed.
“By not placing the orders for the second batch of resources, your department would inflict financial losses on publishers and would disadvantage thousands of learners,” Kliphuis wrote.
In a letter dated October 4, seen by the Daily Dispatch, Pasa’s Steven Cilliers wrote: “We have noted with considerable concern that a large number of official orders remain outstanding in respect of LTSM for 2015 academic year ... As you know, in terms of our service level agreement with Eastern Cape education department, all LTSM were supposed to have been delivered to schools during October; however, the outstanding official orders have affected our ability to ensure that the LTSM are delivered on time.
“Any further delays in the release of orders will place the possibility of textbooks and other resources being delivered before academic year in jeopardy.”
Cilliers also informed Masualle and Makupula that Pasa had been informed that the department may cancel some of the outstanding orders.
“Should the orders be cancelled, publishers will suffer substantial damages arising out of the commitments and expenditure pursuant to the indicative orders,” Cilliers wrote.
“If, however, the department intends to cancel the outstanding orders, it is Pasa’s view that such conduct would constitute unfair and unreasonable administrative action, and the publishers will have no option but to seek legal advice, which could result in legal action.” — mphumziz@dispatch.co.za
Learners face shortage of textbooks
The Publisher’s Association of South Africa (Pasa) has warned it will take legal action against the department if it fails to meet its obligations to order agreed textbooks.
The legal threat and funds diversion are contained in two harshly worded letters from Pasa to premier Phumulo Masualle, education MEC Mandla Makupula and acting department head Ray Tywakadi.
The funds diversion is also mentioned in a memorandum by finance MEC Sakhumzi Somyo dated August 11, informing the department that R200-million of its LTSM budget would be used to pay the salaries of 502 teachers.
“About R100-million must be allocated for compensation of employees for the funding of 502 teaching posts in critical subjects like mathematics, physical science, Afrikaans, geography, agriculture and accounting.
“A further R100-million be allocated for the provisioning of school furniture which is procured by National Treasury through their chief procurement officer,” Somyo wrote.
Yesterday, Somyo confirmed the diversion of funds, saying it was necessitated by the department’s under-expenditure in its LTSM budget.
“We monitor spending of all departments and we had seen that they would underspend and needed funds for something else. So we advised accordingly,” Somyo said.
Department spokesman Loyiso Pulumani also confirmed that money meant for LTSM would be used to pay teacher salaries.
“Yes, this is true. Last year, 2014, the department finalised the implementation of the Curriculum Assessment Policy Statement (Caps) with a full delivery of all the required new learner and teacher support materials.
“As a rule, the departmental retention policy allocates a life-span of three years for newly delivered materials.
“That means that in 2015 the department is only providing supplementary topping-up materials, which ordinarily should not exceed 10% of the previous year’s full order.”
Pulumani said there was no shortfall and the available resources were more than enough to provide for a top-up.
However, in a letter dated October 24, Pasa’s provincial representative, Warren Kliphuis, wrote that publishers had still not received orders.
“You confirmed that your department had to direct LTSM funding towards payment of critical teacher salaries and to pay for school furniture.
“As a result you were concerned that there would be no funding left to pay for the second batch of resources orders that are outstanding.
“We understand the difficulty your department faces but would like to reaffirm that publishers were given commitments in the form of indicative quantities ... and that publishers have in turn made financial commitments to produce the resources needed.
“By not placing the orders for the second batch of resources, your department would inflict financial losses on publishers and would disadvantage thousands of learners,” Kliphuis wrote.
In a letter dated October 4, seen by the Daily Dispatch, Pasa’s Steven Cilliers wrote: “We have noted with considerable concern that a large number of official orders remain outstanding in respect of LTSM for 2015 academic year ... As you know, in terms of our service level agreement with Eastern Cape education department, all LTSM were supposed to have been delivered to schools during October; however, the outstanding official orders have affected our ability to ensure that the LTSM are delivered on time.
“Any further delays in the release of orders will place the possibility of textbooks and other resources being delivered before academic year in jeopardy.”
Cilliers also informed Masualle and Makupula that Pasa had been informed that the department may cancel some of the outstanding orders.
“Should the orders be cancelled, publishers will suffer substantial damages arising out of the commitments and expenditure pursuant to the indicative orders,” Cilliers wrote.
“If, however, the department intends to cancel the outstanding orders, it is Pasa’s view that such conduct would constitute unfair and unreasonable administrative action, and the publishers will have no option but to seek legal advice, which could result in legal action.” — mphumziz@dispatch.co.za
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