The notable rise in the price of school uniforms and other learning goods and services is a societal problem that demands societal action. The constitution compels us to guarantee education as a basic human right, one that must be accessed through equitable and affordable means. During a parliamentary briefing by the South African Human Rights Commission on a report regarding its investigation and inquiry into school uniforms, Bongiwe Mbinqo-Gigaba, the chairperson of the portfolio committee on basic education, argued that “South Africa has high levels of inequality.
School uniforms equalise the levels of all learners on the school ground.” As a parent myself, I am acutely aware of the costs that come around in the new year for stationery and new school uniform items. Due to increased media reporting, the rising cost of living, and the Competition Commission’s own advocacy efforts, parents across the country have become more vocal about the costs and, specifically, aware of the risk that exclusive contracts pose in driving up costs and limiting other service providers from entering or expanding in the market for the supply of stationery or school uniforms. In recent years, the commission has found that this “vertical restrictive practice” is not new, and before our advocacy work and intervention, it was relatively widespread.
Our aim then and now is not to prosecute schools for the contravention of section 5 of the Competition Act 89 of 1998 (as amended) but rather to change the conduct and ensure that we improve the state of competition in this market. Importantly, the Competition Act prohibits conduct of this nature, as it may lead to higher prices, lower quality and a lack of choice. From the investigation of complaints received from the public, the commission not only developed a guideline that explains to schools, school governing bodies (SGBs) and parents/guardians what anti-competitive conduct is, but also why schools should opt for school uniforms and stationery that are as generic as possible and obtainable from many different suppliers.
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We have managed to resolve a large number of school uniform complaints and the commission’s investigation outcomes indicate that most schools no longer have exclusive arrangements with suppliers and/or manufacturers of school uniforms. Importantly supply agreements are now more limited than when we initiated our work in this sector. Our work, however, is not done The commission further collaborated with the department of basic education (DBE) to develop a circular that was distributed through the department to schools that further outlined the guidelines.
The commission also undertook extensive educational and awareness initiatives targeted at schools, SGBs, associations and parents on the anticompetitive effects likely to emerge in the procurement of school uniforms and stationery. As part of its awareness campaigns, the commission visited the provincial departments of education in the Eastern Cape, Western Cape, KwaZulu-Natal and Limpopo. Among some of the reasons for selecting these provinces was the number of complaints the commission had received, which were lodged against schools in these provinces.
Subsequently the guidelines were adopted by various school groups and governing bodies as a set of rules to regulate the procurement of school uniforms and stationery. Many schools immediately started to implement the guidelines and identified items, including school ties, blazers and caps, as part of limited exclusive clothing. Several schools also signed undertakings as a pledge of their commitment to pro-competitive procurement of school uniforms and other learning-related goods and services.
Market participants, parents and guardians are still encouraged to submit a complaint to the commission should they suspect a school is contravening the Competition Act or deliberately not adhering to the guidelines. The commission will investigate the complaint and attempt to examine and understand the situation. When we receive a complaint, we engage with the complainant and get all the information required to take the matter further and engage the school directly.
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