STAATSKOERANT, 21 JANUARIE 2011 No.
The Minister of Justice and Constitutional Development intends introducing the Constitution Amendment Bill of 2011, in the National Assembly. The Bill is hereby published for public comment in accordance with section 74(5)(a) of the Constitution of the Republic of South Africa, 1996. Any person wishing to comment on the proposed amendments is invited to submit written comments to the Minister of Justice and Constitutional Development. Comments should kindly be directed for the attention of Mrs. C van Vuuren, Private Bag X 81, Pretoria, 0001, by not later than 15 March 2011. (Electronic mail address: cvanvuuren@justice.gov.
To amend the Constitution of the Republic of South Africa, 1996, so as to transfer the provincial functions relating to further education and training and adult education and training to the national level of government; and to provide for matters connected therewith.
Part A of Schedule 4 to the Constitution of the Republic of South Africa, 1996, is hereby amended by the substitution for the expression "Education at all levels, excluding tertiary education" of the expression "Education in schools".
This Act is called the Constitution Amendment Act of 2011, and comes into operation on a date determined by the President by proclamation in the Gazette.
BACKGROUND Presidential Minute No. 690 of 2009 created the Department of Higher Education and Training. The Department of Education was abolished and the Department of Basic Education was created. Following this re-organisation of government, Proclamation No. 44 of 2009, published in Government Gazette. No. 32367 of 1 July 2009 transferred the administration of the Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000), and the Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006), from the Minister of Basic Education to the Minister of Higher Education and Training. In terms of Part A of Schedule 4 to the Constitution of the Republic of South Africa, 1996 (the Constitution), education at all levels, excluding tertiary education, is a functional area of concurrent national and provincial legislative competence. The purpose of the Bill is to remove legislative competence in respect of furthered ucation and training and adult education and training from the functional areas of concurrent national and provindal competence.
2.1 Clause 1 seeks to amend Part A of Schedule 4 to the Constitution by replacing the expression "Education at all levels, excluding tertiary education" with the expression "Education in schools". If the amendment is passed, only education at school level will be a functional area of concurrent national and provincial legislative competence and all other levels of education will be an exclusive national legislative competence.
Clause 2 contains the short title and commencement provision of the Bill.
3.1 The Department of Higher Education and Training was consulted, which, in turn, consulted the Council of Education Ministers. This forum consists of the National Minister of Higher Education and Training and Members ofthe Executive Councils of all the nine provinces responsible for education.
IMPLICATIONS FOR PROVINCES The Bill will transfer the powers and functions relating to further education and training and adult education and training from the various provincial administrations to the national level of government.
the amendment relates to a matter that affects the National Council of Provinces.