Grace Naledi Mandisa Pandor, Minister of Education, after consultation with the Council of Education Ministers, hereby publish the Education Laws Amendment Bill, 2007, for comment.
Kindly provide the name, address, telephone and fax number and email address of the person or organisation submitting the comments.
The comments should reach the Department by 28 May 2007.
The Bill may also be obtained on www.education.gov.za.
To amend the National Education Policy Act, 1996, so as to amend the provision for the establishment of consultative bodies: to amend the South African Schools Act, 1996, so as to provide for minimum norms and standards for infrastructure and capacity in public schools; to provide for the functions and responsibilities of a principal; to provide for random search and seizure at schools; to provide for the substitution of "Auditing Profession Act, 2005" for "Public Accountants' and Auditors' Act, 1991"; to amend the National Student Financial Aid Scheme Act, 1999, so as to extend the functions of the board to cover eligible students at public further education and training colleges; to amend the South African Council of Educators Act, 2000, the Adult Basic Education and Training Act, 2000, and the General and Further Education and Training Quality Assurance Act, 2001, so as to make technical adjustments that result from the repeal of the Further Education and Training Act, 1998; and to provide for matters connected therewith.
Amendment of section 5 of Act 27 of 1996 1.
the deletion of paragraphs (a) to (9.
Amendment of section 11 of Act 27 of 1996 2.
or other bodies to advise him or her on [matters] any matter contemplated in section 3u or any matter identified bv the Minister [Provided that the Minister shall establish-].
The composition, qualifications for membership, duties, powers and functions of a body established in terms of subsection (I), and the term of office of its members, shall be as prescribed by regulation.
Provided that the bodies referred to in section 5(i)(c), shall be invited to nominate representatives to any such consultation body within their respective spheres of interest.'.
Act 100 of 1997, section 6 of Act 48 of 1999, section 1 of Act 50 of 2002 and section 1 of Act 24 of 2005 3.
"; and the insertion after the definition of "school" of the following definition: "'school activity' means any official educational, cultural, sportincl or social activity of the school within or outside the school premises;".
Insertion of section 5A in Act 84 of 1996 4.
capacity regarding the number of learners a school can admit; and provision of learning and teaching support material.
teaching support material and equipment; and digital support to a school.
curriculum and extracurricular choices.
Insertion of section 8A in Act 84 of 1996 5.
No person may bring a dangerous object or illegal drug into school premises or have such object or drug in his or her possession in school premises or during any school activity within or outside school premises.
all relevant evidence received; and the fact that it must be conducted in a manner that is reasonable and proportional to the suspected illegal activity.
it is done in a private area, and not in the view of another learner; and one witness, who is a person of the same gender as the learner, is present.
clearly and correctly labeled with the full particulars of the learner in whose possession it was found; and handed over to the police immediately.
take the dangerous object or illegal drug to the nearest police station; and hand the dangerous object or illegal drug over to the police.
The police officer who takes receipt of the dangerous object or illegal drug must issue an official receipt to the principal, or to his or her delegate, for any dangerous object or illegal drug handed over to him or her.
The principal or his or her delegate may at random administer a urine test to a learner who is reasonably suspected of using illegal drugs, after taking into account all relevant factors, contemplated in subsection (2).
within one day, inform the parents that a random test or search and seizure was done in respect of their children; and in cases where the urine tested positive, inform the learner and his or her parents of the result within a reasonable time.
The Minister must identify the device with which the urine test contemplated in subsection (7) will be done, and must publish the name of this device, and any other relevant information about it, in the Government Gazette.
a dangerous object or illegal drug is found in his or her possession; or his or her urine sample tested positive for illegal drugs.
(12)Any disciplinary hearing in respect of a learner must be conducted in terms of the code of conduct contemplated in section 8.
(13)The code of conduct must also provide for support measures or structures for counseling a learner.
Amendment of section 20 of Act 84 of I996 6.
the Head of Department in terms of section 16 as read with item 2.2 of Schedule 1 of the Emplovment of Educators Act, 1998 (Act No. 76 of 1998)to address the incapacitv of a principal or educator to carry out duties effectively.
of the Employment of Educators Act, 1998Act No.
Insertion of section 21A in Act 84 of 1996 7.
(ii) the use of available resources.
tabled in a governing body meeting.
The principal must report to the Head of Department and governing body annually by 30 June on progress made in the implementation of the plan as contemplated in paragraph (c).
and on behalf of the Head of Department, conduct the professional management of school, which includes, but is not limited to, the management of -all the educational programmes and curriculum activities at the school; all the educators and learning support material at the school, to ensure that the Head of Department delivers quality education at the school; the functions delegated to him or her by the Head of Department in terms of the Act; the safekeeping of the financial records of the school; the implementation of policy and legislation at the school; and all support staff of the school; attend and participate in all meetings of the governing body; provide the governing body with information about the professional management related to the school; assist the governing body in handling disciplinary matters pertaining to learners at the school; assist the Head of Department in handling disciplinary matters pertaining to educators and support staff employed by the Head of Department; inform the governing body about policy and legislation; and provide accurate data to the Head of Department when requested to do so.
obligation that he or she has towards the Head of Department, the Member of the Executive Council or the Minister where any one of them is, or may be, cited in any legal proceedings; or (d) provisions of the Employment of Educators Act, 1998 (Act 76 of 1998), and the Personnel Administration Measures determined in terms thereof.
A principal may not, on behalf of the governing body, give evidence against the Minister, Member of the Executive Council or Head of Department in any court case where the Minister, Member of the Executive Council or Head of Department is cited as a party to the case.
Amendment of section 43 of Act 84 of 1996 8.
to audit the records and financial statements referred to in section 42.
that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance; or that the safety of learners or staff of the public school is threatened.
The Head of Department must notify the Minster and the Member of the Executive Council of the notice issued to the public school as contemplated in subsection (2).
pertaining to the specific school.
The Minister must with 14 days approve or reject the notice as contemplated in subsection (2).
If the Minister approve the notice he or she must publish in the Government Gazette the names of those schools identified by the Head of Department.
The MEC must report annually to the Minister the extent to which h the norms Contemplated in subsection (1) have been implemented and if not measures taken to implement them.
determine the minimum and maximum capacity, contemplated in section 5A, of a school in relation to the availability of classrooms and teachers, as well as the curriculum programme of the school; and as from a date to be determined, in respect of each school in the province, communicate such determination to the chairperson of the governing body and the principal, in writing, by not later than 30 September of each year.
to determine what are the reasons for the under performance of the school.
The Head of Department must take al! reasonable steps to correct the under performance of the school.
The Head of Department without limiting the nature ana extend oi the steps contemplated in subsection (6) must consider -! to implement the Incapacity Code and Procedure for Poor Work Performance as prescribed by section 16 and Schedule 1 oi the Employment of Educators Act, No.
of Schedule 1 of the Employment of Educators Act, No. 76 of 1998, may include the appointment of an academic mentor to take over the responsibility and functions of the principal for the timeframe determined by the Head of Department.
[ NSFAS]; to provide for the granting of loans and bursaries to eligible students at public FET Colleaes and public higher education institutions[ and for]; to Drovide for the administration of such loans and bursaries; to provide for the recovery of loans; to provide for the repeal of the Provision of Special Funds for Tertiary Education and Training Act, 1993; and to provide for matters connected therewith.
Amendment of section 1 of Act 56 of 1999 11.
Act, 2006 Act 16 of 2006 r; and the substitution for the definition of "student" of the following definition: "'student' means any person registered as a student at an FET Colleae or at a higher education institution;".
Amendment of section 2 of Act 56 of 1999 12.
"(1) The purpose of this Act is to establish a financial aid scheme for students at FET Colleaes or at higher education institutions."
or to a higher education programme.
Amendment of section 5 of Act 56 of 1999 13.
of subsection (3) of the following paragraph: "(vi) higher education and FET College principals;".
Amendment of section 20 of Act 56 of 1999 14.
The board may enter into an agreement with an FET Colleae or a higher education institution which agrees to become a designated FET Colleae or a desianated higher education institution for purposes of administering loans and bursaries to students of that institution on behalf of the NSFAS.
at such intervals as are agreed on by the institutions and the board, report to the board on the progress made by a borrower or a bursar with regard to the course of study followed by him of her; and immediately notify the board if a borrower or bursar discontinues his or her studies.
Amendment of section 25 of Act 56 of 1999 15.
(2) The NSFAS must on request provide such information as may be reasonably required by the science, research and professional councils.
who grant2 loans or bursaries to students.
Amendment of section 1 of Act 31 of 2000 16. Section 1 of the South African Council for Educators Act, 2000, is hereby amended by the deletion of the definition of "further education and training institution".
Amendment of section 3 of Act 31 of 2000 17.
in terms of the Public Service Act, 1994 (Proclamation 103 of 1994); or at an adult learning centre.
one person nominated by national bodies representing independent or private institutions recognised by the Minister; and the chief executive officer of the council, subject to section 17.
must consist of educators, including principals.
early childhood sector; g with special education needs sector.
Amendment of section 8 of Act 52 of 2000 20.
Every public centre must establish a governing body, except a public centre contemplated in section 21 21fl)fd) of the South African Schools Act, 1996 (Act 84 of 1996), or section 9 of the Further Education and Training Act, 1998 (Act 98 of 1998)l.
Amendment of section 24 of Act 52 of 2000 21.
26 of 2005 1, to audit the records and financial statements referred to in subsection (I).
Amendment of section 2 of Act 58 of 2001 22.
Adult Basic Education and Training Act, 2000 (Act 52 of 2000).
Amendment of section 15 of Act 58 of 2001 23.
ME! 2007 No.
Auditins Profession Act, 2005 Act 26 of 2005 2, and appointed by the Council with the approval of the Auditor-General.
24 This Act may be cited as the Education Laws Amendment Act.
National Education Policy Act, No.
1.3 National Student Financial Aid Scheme Act, No.
1.4 South African Council for Educators Act, No.
1.5 Adult Basic Education and Training Act, No.
General and Further Education and Training Quality Assurance Act. No. 58 of 2001.
Given that the Further Education and Training Act, No. 98 of 1998,was repealed by section 58 of the Further Education and Training Colleges Act, No. 16 of 2006, it was necessary to delete all references to the former Act in other legislation. Similarly, the Public Accountants' and Auditors' Act, No. 80 of 1991,was repealed by the Auditing Profession Act, No. 26 of 2005. Hence, clauses 15, 16, 17, 18, 19, 20, 21 and 22 provide for the substitution of the new Act for the repealed one.
Clause 1 This clause amends section 5 so as to avoid overlapping with section 11. Teacher unions will be represented in the NETC established in terms of section 11. Therefore there is no need for the Minister to consult the unions as a separate body.
This clause amends section 11 of the NEPA, which provides for the establishment of the National Education and Training Council, a body that must advise the Minister on policy matters. The amendments table clearly the procedure to be followed whenever the minister considers the advice provided by the NETC. It also requires the NETC to advise the Minister on any aspect of school education on its awn initiative.
The NETC will focus on school education given that there are other bodies in other education sectors that advise the Minister on policy and other matters. For instance, the Council on Higher Education (CHE) advises the Minister on matters relating to higher education sector, the National Board for Further Education and Training advises the Minister on matters relating to the college sector and the National Advisory Board for Adult Basic Education and Training advises the Minister on literacy matters.
The Bill introduces new definitions to SASA, such as "dangerous objects", "illegal drug" and "search and seizure". This will assist in the interpretation of clause 5 of the Bill.
The SASA provides for, amongst others, norms and standards for school funding. However, it does not provide for norms and standards for school infrastructure, capacity, and learning and teaching support material. Consequently, there are some schools that do not have toilets, electricity, water and libraries, to mention only a few. The Act is amended to require the Minister to determine the minimum norms and standards in respect of schools' infrastructure and capacity and matters such as learning and teaching support materials.
The Regulations for Safety Measures at Public Schools did not adequately address the mischief that they were designed to remedy -that is, to stop the proliferation of dangerous objects and drugs at schools. It was therefore necessary to strengthen these Regulations by way of allowing random search and seizure and drug testing at schools. This clause also provides for checks and balances, seeing that, if not properly implemented, these measures could be abused.
The new provisions provide clear guidelines about the circumstances under which random search and seizure and drug testing should be conducted.
all relevant evidence received.
This clause of the Bill assists in the alignment of the Regulations for Safety Measures at Public Schools with the SASA.
This amendment is aimed at aligning the SASA with the Employment of Educators Act where the Head of Department will take action against the principal of a school which consistently under-performed in regard to academic performance. Item 2.2 of Schedule 1 to the Employment of Educators Act provides the Head of Department with actions that he or she can take against such a principal which include counseling and training.
The SASA expressly lists the functions and obligations of the SGB, but does not do so in the case of the school principal. To remedy this shortcoming, clause 21A clearly spells out the functions and responsibilities of the school principal. For instance, the management function has been explained to include the management of educational programmes, educators, non-educators, functions assigned by the Head of Department and communication with the SGB on policy and legislative obligations.
This new clause will create legal certainty as to what exactly the functions and responsibilities of the school principal are vis-a-vis those of the SGB.
The functions and responsibilities have also been linked to the Employment of Educators Act, No. 76 of 1998 (the EEA), and the Personnel Administration Measures of 1999 (the PAM) -namely, that any assistance that the school principal gives the SGB must not be in conflict with the EEA and the PAM.
The SASA still provides for the Public Accountants' and Auditors Act in section 43(1).
has accordingly been amended.
The NSFASA was designed to provide bursaries and loans to students studying at tertiary institutions only. The Act has been amended so as to extend the functions of the Board, which will now also cater for students who have been admitted at FET colleges.
It is therefore reasonable for one Board to serve both categories of students, as this will save costs.
After publication for comment, the Bill will be referred to the National Treasury, the Department of Social Development, and the Department of Safety and Security. The Department will also supply stakeholders with copies 3.
The Bill merely provides for amendments to existing legislation and, therefore, no additional costs are foreseen.
5.1 The State Law Advisers and the Department of Education's Legal Section are of the opinion that this Bill must be dealt with in accordance with the procedure prescribed by section 76 of the Constitution, since it falls within the functional area listed in Schedule 4 of the Constitution.
of the Traditional Leadership and Governance Framework Act, No. 41 of 2003, seeing that it does not contain provisions pertaining to customary law or to the customs of traditional communities.