As schools are scheduled to reopen soon, the National Consumer Commission (NCC) would like to remind schools and parents to adhere to the circular on “Procurement of School Uniforms and Other Learning-Related Goods and Services,” jointly issued by the Competition Commission of South Africa and the Department of Basic Education. This alert serves to provide essential information on best practices for all procurement activities conducted by schools and relevant stakeholders.
GUIDELINES FOR COMPETITIVE SCHOOL PROCUREMENT
The circular aims to prevent anti-competitive procurement practices in schools, promoting consumers’ rights— including the right to choose, the right to fair and honest dealing, and the right to fair value. It also reiterates key concepts from the Department of Basic Education’s School Uniform Guidelines issued in May 2015. The following guidelines should be followed for competitive school procurement:
- Exclusivity should be limited to necessary items obtained from pre-selected suppliers, such as school badges.
- Schools must use a competitive bidding process when appointing suppliers for school uniforms and learning-related items.
- Supplier agreements should be short-term and not extend over excessively long periods.
- Schools should avoid compelling parents to purchase uniforms and instead consider allowing students to wear civilian clothes on designated days.
NON-COMPLIANCE WITH THE GUIDELINES
Violating the Consumer Protection Act, the Competition Act, and the School Uniform Guidelines will prompt relevant regulatory bodies like the National Consumer Commission to take appropriate action under the Consumer Protection Act (CPA). Maintaining affordability for learning-related commodities is a top priority. The NCC always collaborates with other regulatory entities and stakeholders to bolster consumer protection in South Africa (as per Section 97 of the CPA).
Schools are urged not to require students or pupils to buy uniforms or stationery solely from the school’s preferred supplier. Parents should have the right to choose where to purchase such items, fostering competition among suppliers.
MESSAGE TO CONSUMERS
The National Consumer Commission encourages all consumers to report any violations of the above guidelines by contacting the NCC’s contact centre at (012) 065 1940. Compliance with the Consumer Protection Act—including respecting the right to choose, the right to fair and honest dealings, and the right to fair value—must always be upheld.
