REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 187 319. A significant development in the education sector since the presentation of the first periodic report has been the restructuring of the national department responsible for administering education in South Africa. Following the 2009 elections, the new administration split the Department of Education into two national departments: the Department of Basic Education and the Department of Higher Education and Training. The rationale underpinning this change was recognition of the need to intensify and strengthen educational improvement initiatives at all levels of the education system, from foundation phase through to tertiary level. 320. The almost universal access to primary education has been made possible through the implementation of a range of initiatives, during the period under review, aimed at ensuring learners’ access to and their retention in the schooling system. 321. Legislative and policy initiatives include the adoption of a policy of ‘no-fee’ schools. The SA Schools Act, 1996 was amended by the Education Law Amendment Act, 2005187 which authorises the declaration of schools in poverty-stricken areas as “no-fee schools”. The ‘no-fee’ schools policy is designed to support learners from poorer backgrounds. 322. Another important initiative is the provision of free transport for learners who live far away from schools. 323. In acknowledging that many learners have to walk long distances to reach schools, especially in rural areas, government introduced a learner transport scheme which is designed to ensure that all learners have access to schooling. Many challenges remain in ensuring safe and adequate transport to learners. Some of the provincial departments have also explored hostel facilities for learners to reduce the demand for learner transport. 324. A child cannot learn on an empty stomach, that is why the National School Nutrition Programme (NSNP) was introduced to ensure the right of poor children to basic food and education. The programme was rolled-out further during the period under review. The programme ensures that nutritious meals are served to deserving learners on all school days. The programme also provides an incentive for children to attend school regularly and punctually. The overall purpose is to enhance learning capacity and improve access to education of primary and secondary school learners. The objectives are to enhance learning through school feeding, to strengthen nutrition education in schools, to promote food gardens in schools and to develop and strengthen partnerships to enhance the programme. The NSNP is funded through a Conditional Grant that is transferred to provinces according to the Division of Revenue Act (DORA) and other directives from the Department of Basic Education and the National Treasury. 325. In 2012, the National Curriculum Framework for children from birth to four years of age and the Guidelines for Developing Learning Programmes were finalised. There are now Act No. 24 of 2005 94