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This article details various interpretations of local governments’ responsibilities relating to their ‘child care facilities’ function in the Constitution of the Republic of South Africa, 1996. It concludes that municipalities have historically had the primary function of ensuring a healthy and safe physical environment for young children, and this function must continue. There is room, however, for a broader interpretation of this function – to include building and providing facilities to advance access to early childhood development programmes. Given the importance of these programmes to a young child’s development, these responsibilities should be mandatory. Based on several rights in the Constitution and a child’s right to development, local governments arguably have positive obligations to provide these facilities, particularly in poor communities. This requires enabling legislation and committing capacity and budget. A ring-fenced conditional grant should be explored for the provision of childcare facilities, and the Department of Basic Education must monitor and support municipalities in carrying out this function.

Advancing early childhood development: The role of local government