File
The suspension of the sale of food at schools in some provinces may not be lawful according to the Federation of Governing Bodies of South African Schools.
The Education Departments in Gauteng and Free State imposed the suspensions amid a spate of food poisoning incidents among school children, including instances where children have died.
"This is an extremely serious matter that urgently requires the attention of the relevant authorities, including the Department of Health and local governments," said Fedsas Deputy CEO, Dr Juané Van der Merwe.
"However, these provincial education departments' circulars are presented as binding but have no legal power to establish rights or duties, unless through specific statutory authorisation.
"Without such authorisation these types of instructions are unlawful," she said.
Fedsas CEO, Dr Jaco Deacon, said the assumption is that the suspension of food sales will help to protect learners.
"Unfortunately, it will not make much of a difference, if any. Aside from the fact that the suspension is unlawful, it does not address the problem since the contaminated food was not purchased on school premises."
Deacon said public schools have a duty to raise additional funds, often through commercial activities such as tuck shops, restaurants, and hostel services, questioning whether the impact on hostels was considered.
However, he stressed that this does not imply that municipal bylaws and health regulations should be ignored.
Dr Deacon said schools have to comply with all applicable regulations of the Department of Health and local government.
"Instead of unlawful and ill-considered instructions, education departments should rather see to it that schools adhere to health and safety regulations. Cooperative governance is the foundation of our country's education system, and that includes other government departments as well," he added.
