KWAZULU-NATAL DEPARTMENT OF EDUCATION NATIONAL SCHOOL ... Draft... · kzn-doe nsnp policy 2011 - 1...

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KZN-DOE NSNP Policy 2011 13/9/P -1- KWAZULU-NATAL DEPARTMENT OF EDUCATION NATIONAL SCHOOL NUTRITION PROGRAMME DRAFT POLICY ON THE IMPLEMENTATION OF SCHOOL NUTRITION PROGRAMME

Transcript of KWAZULU-NATAL DEPARTMENT OF EDUCATION NATIONAL SCHOOL ... Draft... · kzn-doe nsnp policy 2011 - 1...

KZN-DOE NSNP Policy 2011 13/9/P -1-

KWAZULU-NATAL DEPARTMENT OF EDUCATION

NATIONAL SCHOOL NUTRITION PROGRAMME

DRAFT POLICY ON THE IMPLEMENTATION OF SCHOOL

NUTRITION PROGRAMME

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TABLE OF CONTENTS

1. GLOSSARY OF TERMS……………………………………………………………………………………………………………….3

2. BACKGROUND………………………………………………………………………………………………………………………………..4

3. PURPOSE ………………………………………………………………………………………………………………..………..…….5

4. SCOPE OF APPLICABILITY………………………………………………………………………………………..…….6

5. LEGISLATIVE MANDATES………………………………………………………………………………………..………….6

6. TARGETING…………………………………………………………………………………………………………………….….……….8

7. ROLES AND RESPONSIBILITIES…………………………………………………………………………..………….8

7.1 School Principal ……………………………………………………………………………………………..…………….8

7.2 School Governing Bodies (SGB) …………………………………………………………..…………..9

7.3 Deputy Principal/HOD/NSNP Educator(s) ..…………………………………..………….9

7.4 Nutrition Commitees ……………………………………………………………………………………..………………9

7.5 District Office ………………………………………………………………………………………………..……………10

7.6 Head Office …………………………………………………………………………………………………..……………………10

8. PARTICIPATION OF SCHOOLS IN NSNP …………………………………………………..…………….11

9. FEEDING ………………………………………………………………………………………………………………………..……………11

10. JOB CREATION PROJECT ……………………………………………………………………………………..…………12

11. FOOD HANDLERS APPOINTMENT …………………………………………………………………………..…….13

12. SELECTION OF SERVICE PROVIDERS: SMME’S …………………………………..………..13

13. LOCAL COOPERATIVES (LC'S)…………………………………………………………………….……….…..15

14. TERMINATION OF SERVICE …………………………………………………………………………………..…..16

14.1 SMME's …………………………………………………………………………………………………………………..………. 16

14.2 LC's …………………………………………………………………………………………………………………………..…….… 17

15. DISPUTES/CONFLICT RESOLUTION…………………………………………………………………….….….17

16. DECENTRALIZATION OF NSNP FUNDS TO SCHOOLS………………………………….....17

17. SERVICE PROVIDERS PAYMENTS AND OBLIGATIONS……………………………….....18

17.1 Centralized Payments ………………………………………………………………………………………….….18

17.2 Decentralized Payments …………………………………………………………………..………………..19

18. NUTRITION EDUCATION …………………………………………………………………………..………………………20

19. SUSTAINABLE FOOD PRODUCTION …………………………………………………………..……………..23

20. CONFLICT OF INTEREST ………………………………………………………………………………….…………..24

21. FRAUD AND IRREGULATIES …………………………………………………………………………..…………….25

21.1 General Stipulations …………………………………………………………………………..……………….25

21.2 Investigation Unit ……………………………………………………………………………………..………….25

21.3 Departmental Hotline………………………………………………………………………………..…………..26

22. REFERENCES………………………………………………………………………………………………………………………..…26

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1. GLOSSARY OF TERMS

2.1 KZN-DOE: KwaZulu-Natal Department of Education

2.2 DOE-Head Office: Department of Education in which the

NSNP Provincial Directorate is located.

2.3 NSNP: National School Nutrition Programme.

2.4 (CG) Conditional Grant: the ring fenced government funds

allocated to NSNP.

2.5 Approval Letter: refers to the letter issued to

participating schools which contains a breakdown of

NSNP annual budget allocated to the school.

2.6 SGB: refers to the School Governing Body responsible for

the governance of the school including NSNP.

2.7 SMT: refers to School Management Team that is

responsible for the administration and management of

school including NSNP

2.8 LSEN: refers to the schools with learners with special

needs who are also targeted to participate in NSNP

2.9 (LWC) Local Women Cooperatives: A women cooperative

project first initiated by KZN-DOE in 2006 to harness

and enhance local economic development for women groups

2.10 LC: Local Cooperatives irrespective of gender. For the

purpose of this policy document, LC’s shall also

generally include or refer to those cooperatives that

are known as LWC’s.

2.11 SLA: Service Level Agreement which refers to the

document signed between the awarded service provider

and KZN-DOE and/or the feeding schools detailing the

terms of engagement between the parties.

2.11 SMME’S: Small, Medium & Micro Enterprises that are

service providers in NSNP

2.12 VFH’s: Voluntary Food Handlers are parents of

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learners in participating schools selected/appointed to

work as cooks or prepare meals for learners on all

feeding days.

2.13 Stipend/honorarium: refers to a stipulated fixed amount

paid to the voluntary food handler/cook at the end of

the feeding month.

2.14 Centralized Payment: refers to the system of payment in

which service providers are paid directly by the

Department through their authorized bank accounts.

2.15 Decentralized Payment: a new system that shall be

implemented with effect from 2012/13 in which NSNP

funds shall be transferred to schools in quarterly

tranches for the payment of service providers.

2. BACKGROUND

The National School Nutrition Programme (NSNP), previously

known as Primary School Nutrition Programme (PSNP) was

introduced in 1994 as one of the Presidential Lead projects

of the Reconstruction and Development Programme. The

programme was introduced as a strategy to alleviate poverty.

Poverty, under nutrition, household food insecurity problems

are co-related and their casualties overlap. Under-nutrition

is caused by inadequate food intake, which can be caused by

poverty and household food insecurity. The poverty

statistics by the World Bank, 1996, indicated that KwaZulu

Natal has a poverty level of 26%. 53% of the population in

the Province is poor (Census 1996). Studies by the Food

Agriculture organization (FAO), UNESCO and the World Health

Organization (WHO) indicate that hunger impacts negatively

on the Millennium Developmental Goals (MDG’s), namely

universal primary education, gender equality, child

survival, maternal health, management of HIV and AIDS, TB

and malaria, and environmental stability.

Given the high incidence and severity of poverty in KwaZulu

Natal Province, hunger is a real problem affecting millions

of children from poor households. HIV and AIDS have a

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negative impact on children leaving them vulnerable to

household food insecurity.

Many factors contribute to poor performance amongst school

learners. These include long distances they have to

walk/travel to school, extra chores they have to perform

before going to school, meal patterns at home and a lack of

family time or resources to provide food of adequate quality

and quantity at home. Children, who come to school hungry,

have diminished attentiveness, a greater likelihood of

becoming distracted and a diminished interest in learning.

The result is that learners become vulnerable to failure,

low achievement and repetition.

NSNP aims to contribute to the improvement of education

quality and general health by:

Feeding learners at designated schools

Enhancing learning active capacity

Enhancing nutrition education through curriculum and

Improving nutritional knowledge, perceptions, attitudes

and healthy eating amongst school learners, their

parents and educators

Alleviating short term hunger

Improving school attendance and punctuality

Addressing micronutrient deficiencies through the

establishment of sustainable food production and, the

implementation of school gardens

NSNP as the government programme, further aims to enhance

broader development initiatives. These include amongst

others contributing to job creation for local communities

who were previously disadvantaged. In keeping with the

principles of access, equity, redress and protection against

unfair discrimination or malpractices, this policy document

shall serve as a watchdog.

3. PURPOSE

The purpose of this policy document is to regulate, control

and administer the implementation of the National School

Nutrition Programme at provincial, district and school

level, within the province of KwaZulu-Natal in order to:

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Deliver quality nutritious food to learners as a basic

children’s right, in targeted primary, LSEN and

secondary schools.

Strengthen learner achievement through provision of

quality nutrition

Enhance knowledge of quality nutrition and food

production at school community level

Use schools as an entry point into bigger community

development initiatives.

4. SCOPE OF APPLICABILITY

This policy shall apply to all stakeholders (feeding

schools, School Governing Bodies, officials including but

not limited to Principals of Schools & Educators and

Voluntary Food Handlers), and all departmental officials and

service providers (namely Local Cooperatives, SMME’s and/or

other business entities) participating in the National

School Nutrition Programme in the province of KwaZulu-Natal.

5. LEGISLATIVE MANDATES

This policy shall be read and applied in conjunction with

the following legislative mandates as also informed by and

espoused in Blue Book of National Guidelines of 2004 and

NSNP Provincial guidelines as revised in 2011:

5.1 Access to quality food as enshrined in the Constitution

of the Republic of South Africa, 1996 (Act 108 of 1996),

International Children’s Rights Charter.

5.2 Access to quality basic education and learner access as

stipulated in the National Education Policy Act 27 of 1996,

South African Schools Act of 1996.

5.3 The responsibility of the state towards equitable

funding of schools as expressed in Section 34 of the South

African Schools Act 84 of 1996.

5.4 Targeting of schools for feeding as informed by Norms

and Standards for Funding of Public Schools, General Notice

2362 of 12 October 1998.

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5.5 The roles and responsibilities of the three levels of

governance i.e. national, provincial and the school as per

section 3 of the National Education Policy Act of 1996 and

Sections 15 and 16 of the South African Schools Act 84 of

1996.

5.6 Provision of Grade R as enshrined in the White Paper no

5 and the Cabinet Resolution of 2002 in which the transfer

of the National School Nutrition Programme is addressed.

5.8 Government Procurement that favours women and Black

Economic Empowerment, as expressed in the Presidential State

of the Nation Address of February 2003.

5.9 The power of the National Minister of Education to

determine and review national policy, after due

consultation, the power of provincial legislatures to

implementational and provincial policy within the guidelines

of the higher national policy, and the rights of schools as

legal persona to implement national policy ,will apply at

all times.(National Education Act 27 of 1996).

5.10 Participation of parents through school governing

bodies in the local level education governance as espoused

in the South African Schools Act 84 of 1996.

5.11Participation of educators in the School Nutrition

Programme as an extra mural activity of the school (extra

mural activities as espoused in the South African Schools

Act 84 of 1996) and also espoused in the spirit of

Employment of Educators Act 76 of 1998 and the Code of

Ethics of the SACE Act of 1998.

5.12 The Public Finance Management Act (PFMA) of 1999.

5.13 The Division of Revenue Act (DORA) & Grant Framework

5.14 Food, Cosmetics & Disinfectants Act of 1996.

5.15 KwaZulu-Natal Department of Education Summit

Declaration of 2011.

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5.16 NSNP Operational Guidelines: the document that contains

and articulates appropriate steps, processes and procedures

to be followed in the implementation of NSNP

6. TARGETING

6.1 The targeting of schools shall be done by the Department

of Education in consultation

with EMIS and Norms and Standards Directorates at the

province. The selection criteria as set out by the

National Department of Basic Education provide that

learners in public schools should benefit from the

programme:

Learners in Grade R – 12

Only Grade R learners attached to public schools shall

be targeted

Learners in Quintile 1, 2, and 3 primary, combined and

secondary schools

Learners in targeted LSEN schools (participation of new

LSEN schools shall be subject to an assessment done by

the districts and/or province in the year of

application)

6.2 Participating schools that will have their quintile

ranking elevated higher than three shall

be automatically excluded from the programme in the year

of application even if they were feeding in the previous

year.

7. ROLES AND RESPONSIBILITIES

7.1 School Principal

7.1.1 The principal as the head of the school shall be

expected to perform all duties in terms

of the South African Schools Act, Sect 16 (3); the

employment of Educators Act 76 of 1998, Sect 7 (1) (a)

read in conjunction with PAM (Personnel Administrative

Measures) Section 4.2 (e) (i) which refers to one core

responsibility of the principal being that of “ensuring

that various kinds of school accounts and records are

properly kept and to make the best use of funds for the

benefit of the learners in consultation with

appropriate structures”.

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7.1.2 In terms of the School Nutrition Programme, the school

principal shall be expected to

manage and account for proper implementation of the

programme at his/her school in line with this policy

document and as outlined in NSNP Operational

Guidelines.

7.2 School Governing Bodies (SGB)

In terms of South African Schools Act No. 84 of 1996 (sect

16:1), the governance of

every public school is vested in its Governing Body.

7.2.1 The SGB of the feeding school shall be expected

amongst other things, to oversee and

monitor proper implementation of the NSNP at the

school, and work together with the SMT of the school

in ensuring that the programme is implemented in line

with policy framework and NSNP Operational Guidelines.

7.2.2 Notwithstanding the provisions of the South African Schools Act, the specific roles and

responsibilities of the SGB with regard to NSNP shall

also include those outlined in NSNP Operational

Guidelines.

7.2 Deputy Principal/HOD and/or Educators responsible for NSNP

7.3.1 Notwithstanding the provisions of the South African

Schools Act, the school’s deputy

Principal/school’s HOD and/or designated educator/s

that will be responsible for NSNP shall in line with

this policy frame work and NSNP guidelines assist the

principal in managing and administering the programme

at the school.

7.3.2 The school’s deputy principal/school’s HOD and/or designated educator/s responsible for NSNP shall

ensure that NSNP related documents or records are

updated and kept at all times.

7.4 Nutrition Committees

7.4.1 Where feasible, the school shall form a Nutrition Committee from SMT members and/or educators that shall

together with the principal and SGB be responsible for

all NSNP activities at school level.

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7.4.1 NSNP activities in the school shall include but not

limited to daily supervision of the feeding of

learners; receiving of NSNP deliveries, completing &

updating of stock control registers, completion of

daily and summary for the month feeding registers,

handle and resolve any NSNP- related conflicts, and

ensure the smooth running of the programme

in the school.

7.5 District Office

7.5.1 The district office shall in terms of this policy and

NSNP Operational Guidelines be responsible for

the implementation of the programme at district level

and report to the provincial office on monthly and

quarterly progress.

7.5.2 The district office shall maintain databases of all participating schools in the district including

appointed service providers, food handlers and any

other relevant databases.

7.5.3 The roles and responsibilities of the district in

implementing NSNP are clearly articulated in the NSNP

Operational Guidelines.

7.6 Head Office

7.6.1 The Head Office shall in line with National Grant

Framework and in terms of this policy document and NSNP

Operational Guidelines monitor and evaluate the

implementation of the programme, allocate and manage

budget to districts and feeding schools.

7.6.2 The Head Office shall in consultation with the

district offices draft provincial business plans,

develop and review NSNP policies and guidelines for

effective implementation of programme.

7.6.3 The Head Office shall report to the Department’s Senior Management and National Department on monthly,

quarterly and annual bases on the progress of the

implementation of NSNP in the province.

7.6.4 The Head Office shall maintain databases of all participating schools including appointed service

providers, food handlers and any other relevant

databases.

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8. PARTICIPATION OF SCHOOLS IN NSNP

8.1 The participation of schools in the programme shall be

reviewed yearly based on the set targeting criteria as

outlined in point 6 of this policy document and in line

with the NSNP Operational Guidelines.

8.2 Qualifying schools shall be required to complete and

submit applications on the NSNP standard format to the

Department in each financial year in order to be granted

feeding.

8.3 Qualifying schools shall be required to ensure that

enrolment figures provided to EMIS for a 10 day Snap

Survey are correct as the NSNP Directorate will not take

responsibility and/or amend approval letters based on

erroneous submissions to EMIS.

8.4 Each qualifying school shall accordingly be allocated an

annual budget based on a 10 day Snap Survey enrolment,

and no variation shall be allowed thereof unless the

school’s enrolment has decreased from the Snap Survey at

the time of application wherefore the lower enrolment

shall be considered.

8.5 Each qualifying school shall not commence with feeding

without an official approval letter from KZN-DOE

detailing the break down of annual budget for the school.

KZN-DOE will not take responsibility for the schools that

shall commence feeding without an official approval

letter authorizing the school to feed.

9. FEEDING

9.1 The National Grant Framework dictates that learners are

fed in all school days with at least a minimum of 193

days per year.

9.2 The feeding of learners in the province shall take

place in all school days in all participating primary,

LSEN and secondary schools in line with the NSNP annual

feeding calendar that shall be determined by the KZN-DOE

in terms of the Grant Framework.

9.3 Learners in all schools shall be fed by 10H00 in terms

of the Grant Framework.

9.4 The learners shall be fed in accordance with the

stipulation of this policy document and in strict

adherence to feeding schedule, delivery times, prescribed

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menu and specifications of food products as outlined in

the NSNP Operational Guidelines.

10. JOB CREATION PROJECT

In terms of the Cabinet Resolution of 2002 and the

Declaration of KZN Education Summit of 2011,NSNP has a

mandate and responsibility to create job opportunities for

local women groups and local people within its scope of

providing nutritious meals to primary, LSEN and secondary

schools.

10.1 The NSNP Directorate shall ensure that local people

within the areas in which feeding schools are located

benefit from the programme as service providers (i.e.

Local Cooperatives & SMME’s); locally based Primary

Producers within municipal wards; and

as Voluntary Food Handlers and Groundsmen.

10.2 The Department of Education in collaboration with the

Department of Agriculture and of Economic Development

shall vigorously engage in identifying existing

community based projects and agricultural cooperatives

within the local municipal wards that shall be

trained and equipped to work as production centres of

food items which are consumed in feeding schools.

10.3 The KZN-DOE shall use its discretion to link/connect

NSNP service providers within the local municipal wards

and/or within the district to the identified community

based projects and/or agricultural cooperatives from

which they will be required to purchase in terms of the

provisions of this policy and the Service Level

Agreement.

10.4 The KZN-DOE shall in respect of the above reserve the

right to revoke or terminate the contract of the

service provider that shall fail to comply with this

provision.

10.5 The KZN-DOE shall incrementally increase the number of

Local Cooperatives (comprising of six members per

Cooperative) that shall be trained and equipped to

service schools with effect from 2012/13 financial

year. The newly formed cooperatives

shall be allocated schools by KZN-DOE on the basis of

the selection criteria that shall be deemed relevant at

the time, and on the basis of its discretion.

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11. FOOD HANDLERS APPOINTMENT

11.1 The SGB and SMT of the participating school shall be

responsible for identifying and selecting from amongst

the community members parents of learners to work as

voluntary food handlers or cooks in the school

11.2 The SGB parent members who shall have an interest in

working as voluntary food handlers shall first be

expected to resign as SGB members in order to qualify

for selection.

11.3 The contract for voluntary food handlers shall run for

a period of 12 months/one financial year period; and

the principle of rotating parents and/or renewal of the

contract shall apply at the end of the contract period

as the SGB and SMT may deem fit, and no resistance from

those whose contracts have ended shall be expected

thereof.

11.4 The voluntary food handlers once contracted, shall

receive a monthly stipend/honorarium of the amount that

shall be dictated by the Grant Framework and subject to

review in each financial year.

11.5 The SGB and SMT shall be expected to ensure that

voluntary food handlers strictly perform those duties

related to the preparation of meals for learners as

stipulated in NSNP Operational Guidelines and Food

Handlers’ Duty List.

11.6 The SGB and SMT shall ensure that voluntary food

handlers are equipped in basic food preparation, and

that they attend food handlers training organized by

the Department from time to time, and that food

handlers wear protective clothing at all times when

performing their duties.

12. SELECTION OF SERVICE PROVIDERS: SMME’S

12.1 The selection of service providers to supply meals to schools shall be in line with the procedures and

selection criteria as stipulated in the SCM and NSNP

Operational Guidelines.

12.2 The general SCM/procurement guidelines and procedures of the Department shall be followed using the quotation

system in which the School Governing Body(SGB) shall be

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expected to recommend a minimum of three up to a

maximum of five suitable service providers to the

Department for the provision of meals.

12.3 Upon recommendation by the schools, the District Selection Committee chaired by the District Manager or

a delegated official, comprising of a minimum of five

up to a maximum of seven members which shall include

the District officials and one official from the Head

Office shall be responsible for the appointment of the

service providers as per the stipulation of this

policy, and the selection requirements as articulated

in NSNP Operational Guidelines.

12.4 The District Selection Committee shall reserve the

right to reverse the process by the school or not to

uphold any of the recommended service providers if

found that procedures were flouted or not followed

and/or where the recommended service providers do not

qualify as per the stipulations of this policy

document.

12.5 The service providers that have also been deemed unqualified or blacklisted by the KZN Treasury and/or

not properly registered shall be automatically excluded

from the selection process even if they have been

recommended by the school/s.

12.6 Only service providers that are locally based (within the parameters of the education district in which the

school is based) and which are registered on the KZN

Provincial and Departmental databases shall qualify for

selection in the provision of meals to learners in

participating schools.

12.7 Where one service provider has won a bid/contract to feed more than one school in the district locality, the

enrolment allocation shall not exceed a maximum of

5 000 learners for all schools put together, and each

service provider shall be confined or restricted to

bid/contest for services only to schools in the

district locality in which the contesting

company/business/organization is registered.

12.8 Where there are more than one qualifying service providers for one school within the district,

preference shall be determined on the basis of the

municipal ward in which the school is located and also

in consideration of the maximum enrolment allocation

per service provider.

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12.9 The service provider’s contract or agreement with one school shall be valid for only one financial year or

lesser period as may be determined by the Department

from time to time and/or as a result of termination.

12.10 The awarded/contracted service provider shall not

commence with the feeding of the school prior to the

receipt of the copy of an official approval letter

detailing the breakdown of the annual budget of the

school and authorizing the service provider to feed.

KZN-DOE shall not take responsibility for the service

provider that shall deviate from this rule (refer to

No.8.5 of this policy document).

12.11 The service provider shall not be contracted to the

same or one school for more than three consecutive

years, and no service provider thereto shall be

entitled to have the ownership of any school

irrespective of the sponsorships and/or donations given

to the school.

12.12 The Department shall reserve the right to allocate any

feeding schools to Local Women Cooperatives (LWC’s)

and/or any Local Cooperatives that may be established

or decided upon by the Department after the contract

period with the service provider has expired.

13. LOCAL COOPERATIVES (LC’S)

13.1 Background

13.1.1 The cabinet resolution of 2002 indicates that,

measures should be in place to harness and replicate

successful initiatives to increase the participation of

women groups. This resolution culminated in the

formation of Local Women Cooperatives (LWC’) in 2006

and 2009 respectively.

13.1.2 The Department shall incrementally introduce more

local cooperatives in the future with the ultimate

intention to strike a balance in sharing from NSNP

gains between SMME’s and Local Cooperatives.

13.2 Selection of LC’s

13.2.1 The selection of LC’s for the provision of meals to

schools within the district in which the cooperative is

registered shall be determined by the Department in

line with the selection criteria as stipulated in the

NSNP Operational Guidelines.

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13.2.2 Each LC shall be allocated schools based on the

minimum allocation of 3000 learners (for all schools

combined together) by the Department within the

parameters of the district.

13.2.3 Where possible, the Department shall strive to

allocate the LC schools with higher enrolments (i.e.

800 learners and above per school) and that

are within the close proximity of each other which are

located within municipal ward in reaching minimum

allocation of 3000 learners.

13.2.4 LC’s which are well established and have sufficient

capacity shall be allowed to solicit schools on their

own above the minimum enrolment allocated by the

Department up to a maximum of 10 000 learners (for all

schools combined together) within the district in line

with selection procedures applicable to SMME’s.

13.2.5 Schools allocated to LC’s shall remain theirs for a

maximum period of three years after which they shall be

expected to compete for schools with other LC’s within

the pool of schools that shall be ring-fenced for LC’s.

14. TERMINATION OF SERVICE

14.1 SMME’s

14.1.1 Notwithstanding the provisions of the Service Level

Agreement, the school and/or service provider in

terminating the services before the end of the contract

period shall be required to adhere to the termination

procedures as stipulated in the Provincial NSNP

Guidelines.

14.1.2 The Department shall reserve the right to revoke any

termination that was effected by the school in

contravention of this policy or stipulated procedures.

14.1.3 In the event of termination initiated or effected by

the service provider, the Department and/or school

shall have recourse to claim any outstanding amounts

owed by the service provider to school in the form of

unpaid honoraria or wood/gas costs which ever shall be

applicable.

14.1.4 Where possible if termination is initiated by the

service provider, the Department shall reserve the

right to compel the service provider to give at least a

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minimum notice of 15 working days to ensure

uninterrupted feeding at the school.

14.2 LC’s

14.2.1 Notwithstanding the provisions of the Service Level

Agreement, the SGB, SMT and /or school principal shall

under no circumstances unilaterally decide to terminate

the services of the Local Cooperative.

14.2.2 Where the LC is in breach in terms of the provisions

of the Service Level Agreement, NSNP Operational

Guidelines and/or this policy document, the school

shall be required to strictly follow the stipulated

guidelines as outlined in the NSNP Operational

Guidelines.

14.2.3 Failure of the school to adhere to the above shall

render its decision null and void in terms of the

provisions of this policy and the NSNP Operational

Guidelines and/or Service Level Agreement.

15. DISPUTE/CONFLICT RESOLUTION

Any disputes or conflicts arising from the

selection/appointment of service providers and unfair

termination of service shall be launched with the District

Management and resolved at the District level thereof.

16. DECENTRALIZATION OF NSNP FUNDS TO SCHOOLS

In terms the Minister of Basic Education’s proclamation and

directive that NSNP funds be transferred directly to feeding

school, KZN-DOE shall with effect from the financial year

2012/13 implement the process of transferring funds to

feeding schools on incremental phases.

16.1 In 2012/13, NSNP funds shall be transferred to 20% of

all the feeding schools in the province of which 15% and

5% shall be primary and secondary schools respectively,

and the remainder of the schools included in the

subsequent financial year thereof.

16.2 The selection of the schools for the initial phase

shall be based on proven good financial management

practices and NSNP best practices.

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16.3 The schools to which NSNP funds are transferred shall

be required to strictly comply with all financial

control measures and regulations as shall be stipulated

by the Department and in line with this policy

document, NSNP Operational Guidelines and/or government

regulations which shall include but not limited to the

provisions of the South African Schools Act 84 of 1996,

Public Finance Management (PMFA), of 1999, DORA and any

other relevant legislation.

16.4 Where the school/s shall be found to contravene or

deviate from the provisions of this policy, NSNP

Guidelines, any of the stipulated financial procedures

and/or government financial regulations, the KZN-DOE

shall reserve the right to take away the powers of

controlling NSNP funds from the guilty school/s to the

DOE-Head Office or District Office whichever will be

applicable at the time.

16.5 Where deviation or contravention amounts to financial

irregularities, the KZN-DOE shall treat the matter in

accordance with the provisions of this policy as

stipulated under fraud and irregularities.

17. SERVICE PROVIDERS PAYMENTS AND OBLIGATIONS

With effect from the financial year 2012/13, two systems of

payments of service providers shall be implemented, namely:

centralized and decentralized payments. The current

centralized system will eventually be phased out giving way

to the decentralized system that shall be phased in

incrementally beginning with 20% of all feeding schools in

2012/13 (see point 16 above).

17.1 CENTRALIZED PAYMENTS

17.1.1 The service provider shall claim for the service

rendered at the end of the feeding month, and the SBG

and/or school shall not pay the service provider but

instead the Department of Education at Head Office

level will transfer funds into the service provider’s

authorized bank account for valid claims and tax

invoices received (refer to NSNP Provincial Guidelines

for payment procedures and processes).

17.1.2 The service provider shall be required to pay

honorarium/stipend to the school as per allocation

stipulated in the approval letter, and such payment

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shall be made at the end of every feeding month

irrespective of payments by the DOE-Head Office.

17.1.3 The service provider shall be required to supply gas

or wood at an allocated budget to the school before the

commencement of the feeding month.

17.1.4 The service provider who fails to claim for services

rendered within 90 days after the end of the feeding

month shall forfeit any payments to that effect, and as

such the Department shall not be liable for any costs

incurred by the service provider thereof.

17.1.5 Where the service provider is defaulting in rendering

quality service, and upon availability of sufficient

proof to that effect, the DOE-Head Office shall reserve

the right to black list the defaulting service provider

from having any future contracts with NSNP and/or KZN-

DOE.

17.2 DECENTRALIZED PAYMENTS

17.2.1 The DOE-Head Office shall transfer NSNP funds

directly into the school’s account, wherein the SGB and

SMT shall be required to pay the service provider after

delivering sufficient food quantities and of acceptable

quality.

17.2.2 The SGB and SMT shall ensure that the service

provider is paid on time at the end of the month

(within 7 working days) once the service has been

rendered in line with this policy document and NSNP

specifications as outlined in Provincial Guidelines.

17.2.3 The service provider who fails to claim for services

rendered within 90 days after the end of the feeding

month shall forfeit any payments to that effect, and as

such the Department shall not be liable for any costs

incurred by the service provider.

17.2.4 The SGB and SMT shall ensure accountability of the

programme funds and will be expected to submit all

relevant documentation prescribed by NSNP Directorate

as proof of payments made to service providers, as well

as account on the savings made where necessary.

17.2.5 The funds to schools shall be transferred in

quarterly tranches to ensure accountability, and where

schools fail to provide proof of the use of NSNP funds

and/or failure to pay service providers within

specified time limits, the

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DOE-Head Office shall reserve a right to centralize the

NSNP school funds pending an investigation and/or audit

of the affected school funds.

17.2.6 Where the service provider is defaulting in rendering

quality service and upon availability of sufficient

proof to that effect, the DOE-Head Office shall reserve

the right to black list the defaulting service provider

from having any future contracts with NSNP and or KZN-

DOE.

18. NUTRITION EDUCATION

18.1 Definition:

18.1.1 Nutrition Education is defined as the various

strategies or methods employed to educate the community

on good eating habits.

18.1.2 Nutrition Education is an integral part of NSNP and

forms the heart of the programme as successful

implementation of NSNP depends on the knowledge,

perceptions and attitude of learners, educators and

school parents to good nutrition and healthy lifestyle.

18.1.3 Nutrition education in schools is incorporated in the

Life Skills and Life Orientation programme.

18.2 The NSNP Directorate responsibilities in terms of

Nutrition Education shall be as follows:

18.2.1 Updating of nutrition information relayed to learners.

18.2.2 Development of materials for learners and educators in support of the nutrition content in Life

Orientation and Life Skills programme.

18.2.3 Training of principals and educators responsible for NSNP.

18.2.4 Training food handlers on food preparation and food

safety.

18.2.5 Development of nutritionally adequate menus that meet

the Recommended Dietary Allowances for school going

children.

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18.3 NSNP Menu

18.3.1 The NSNP menu shall be developed by the NSNP

Directorate based on the Nutritional needs of school

going children and in line with national prescripts and

guidelines.

18.3.2 The prescribed menu shall be strictly adhered to, and

no deviation shall be tolerated unless otherwise the

school has sought special exemption from KZN-DOE, and

has accordingly been granted approval to that effect.

18.3.3 Service Providers who deliberately supply items that

are not prescribed on the menu and/or under supplying

the school, shall be disallowed in accordance with the

menu items that were not fed/supplied and/or under

supplied.

18.3.4 Where there are persistent serious deviations on the

menu and which shall impact negatively on the

objectives of NSNP, and after the service provider has

failed to adhere to the department’s warnings; the

DOE-Head Office shall reserve the right to terminate

the contract with defaulting service provider and/or

black list the service provider from having any future

Contracts with NSNP and/or KZN-DOE.

18.3.5 The onus to ensure that prescribed menus are served

to learners in the school at all times shall be upon

both the SGB and SMT as provided for in this document

under roles and responsibilities.

18.4 Food Safety and Hygiene

In order for the learners to remain healthy, the food that

they eat should not only be nutritious but also clean and

safe for consumption. Measures should be implemented in

schools to prevent food borne diseases or food poisoning.

18.4.1 Where food poisoning is suspected, the food item

consumed on the day shall be avoided/excluded, and

18.4.2 A sample of the meal consumed shall be taken to

the Environmental Health Section of the Department

of Health for analysis.

18.4.3 Learners shall be referred to the clinic /hospital

for proper medical care.

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18.4.4 The school shall report incidents of food

poisoning to the district office.

18.5 Gas Safety

18.5.1 Installation of gas stoves and gas cylinders shall be

according to the approved standards by the LPGSA.

18.5.2 Each school shall request a certificate of compliance

from the service provider upon Installation of gas

stoves.

18.5.3 Proper care and safety measures shall be adhered to

at all times when using gas.

18.5.4 The SGB and SMT shall ensure that reasonable care and

precautions are taken in the school to prevent medico-

legal hazards.

18. 6 School vendors and tuck shops

Food choices and food items directly sold by school vendors

have a direct impact on child nutrition and related

illnesses. All schools shall be required to adhere to the

following guiding principles:

18.6.1 Each school shall be required to have the food based

dietary guidelines as the basis for translating

information to its learners.

18.6.2 The school shall be required to have a database of all individuals selling food items in and around

school premises.

18.6.3 Every school shall be required to have a written vending policy that shall be displayed in the

principal’s office and enforced by the SMT and

Nutrition Committee/and or educators responsible for

NSNP in the school.

18.6.4 Illegal drugs and any other addictive substances shall under no circumstances be sold to learners.

18.6.5 Each vendor and/or tuck shop owner shall be required to sign an agreement in compliance with the school

vending policy.

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18.6.6 The SGB and the SMT shall have the right to discipline and/or terminate the services of a non

complying vendor and/or tuck shop.

18.7 National calendar events

18.7.1 Nutrition related calendar events shall be celebrated

by all schools

19. SUSTAINABLE FOOD PRODUCTION

19.1 Food gardens are one of the poverty alleviation

strategies implemented in schools. The strategy focuses

on developing skills and knowledge that enhances the

potential of disadvantaged communities to live healthy

lives.

19.2 Food Production initiatives should not be seen mainly

, as a source of income for the school or as a

substitute for the existing school feeding programme

but rather as a means to impart knowledge, experience

and practical skill on food production.

19.3 The implementation of vegetable gardens shall be

promoted in all schools in the province.

19.3.1 Criteria for the implementation of vegetable gardens:

19.3.1.1 All schools shall be encouraged to have vegetable

gardens.

19.3.1.2 A school that has a vegetable garden shall enter

into an agreement (Annexure H) with the service

provider of the school.

19.3.1.3 One food handler in a school with learners more

than 200 shall be responsible for the food garden.

19.3.1.4 The food handler or grounds person shall be paid

a stipend as indicated by the Department which shall be

subject to review every financial year.

19.3.1.5 Training of the grounds people shall be conducted

by the Agricultural Colleges.

19.3.1.6 Learners shall be encouraged to assist in the

gardens as a way of gaining skills in food production;

under no circumstance shall working on food production

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initiatives be used as punishment for the learners by

educators.

19.3.2 Vegetable Tunnels:

19.3.2.1 The Department shall select schools for the

installation of vegetable tunnels.

19.3.2.2 Schools shall be trained on the maintenance of the

tunnels by the Department.

19.3.3 Nurseries:

19.3.3.1 The KZN-DOE shall be responsible for the selection

of schools for the installation of nurseries.

19.3.3.2 Each nursery shall be responsible for the supply of

seedlings to twelve other schools in the area.

19.3.3.3 The schools shall be trained by KZN-DOE on the

maintenance of the nursery.

20. CONFLICT OF INTERESTS

20.1 The educators, school officials, principals of schools,

departmental officials including but

not limited to NSNP officials at district and Head

office levels and/or any other government officials

shall under no circumstances be allowed to bid/contest

for NSNP contract and /or enter into an agreement with

feeding schools as service providers.

20.2 The members of the SGB’s shall not be allowed to bid or

contest for NSNP contract in the schools where they are

members.

20.3 The family members and/or close relatives of SMT and

SGB of the school to which contract is sought shall not

be allowed to bid/contest in that school.

20.4 Any form of breach or contravention to the above

stipulations shall if proven result in the affected

parties being charged with fraud or corruption in line

with the relevant South

African laws.

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21. FRAUD AND IRREGULARITIES

21.1 General Stipulations

21.1.1 All persons entrusted with financial accounting and

duties as detailed in these instructions must ensure

that they acquaint themselves with the statutory

regulations relating to the task assigned to them.

21.1.2 Persons entrusted with financial and accounting

duties must take note that any irregularities in the

handling and control of funds; and that any

contravention of these instructions shall have serious

legal implications on guilty party.

21.1.3 Where there shall be any irregularities or non-

compliance with the NSNP procedures and stipulations as

laid down in this policy document and NSNP Operational

Guidelines, the Department will not hesitate to

institute the necessary investigation and act

accordingly.

21.1.4 The SGB’s and SMT’s of participating schools shall be

obliged to ensure that irregularities are reported

immediately. Where any person/s shall be implicated in

fraudulent or irregular activities in respect of the

implementation of the NSNP, the Department shall not

hesitate to institute criminal charges of fraud and

corruption against the implicated person/s.

21.2 Investigation Unit

21.2.1 The Department of Education has established an

Investigation Unit that investigates all matters

relating to allegations of fraud and corruption and the

NSNP undoubtedly also form part of the scope of its

operation.

21.2.2 Where necessary, the NSNP Directorate shall refer all

matters of alleged fraudulent activities or

irregularities to this unit for extensive investigation

and for appropriate corrective measures thereof

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21.3 Departmental Hotline

21.3.1 The Department of Education has a hotline for the

public to report any irregularities regarding the

implementation of NSNP.

21.3.2 Parents of learners and members of the public shall

be encouraged to use this facility with a choice of

remaining anonymous to report any acts of fraud or

irregularities in NSNP.

22. REFERENCES

a. The Constitution of the Republic of South Africa,1994

b. KwaZulu Natal Department of Education: National School Nutrition Programme Operational Guidelines

2009/10

c. National Department of Education: Operational Guidelines 2004

d. South African Schools Act 84 of 1996 e. Public Finance Management Act (PFMA) of 1999 f. Division of Revenue Act (DORA) g. Food, Cosmetics & Disinfectants Act,1996 h. Labour Relations Act