Order! Minister Asmal, welcome to the NCOP.
Madam Chairperson, Assalaamu-alay-kum [Peace be upon you].
Wa-alay-kum-salaam. [Peace be upon you too].
Chairperson, hon members, I am sorry to transfer from that very lively and livening period that members have just witnessed to a much more mundane but fairly important measure.
One of the five programmes of Tirisano aims to, I quote, ``enhance the effectiveness of schools and to promote educator professionalism''. The legislation which I am introducing today will do both of these by giving effect to the need for a tangible expression of educator professionalism and a certain belief that schools with professional staff are more effective schools.
There are different ways and various means to promote educator professionalism. These include developmental approaches, regulatory frameworks and promotional work. In respect of developmental approaches, these include the offering of in-service teacher education programmes, which will be done in terms of the framework which is currently being prepared. We will also look at the education sector training authority under the Skills Development Levies Act as a mechanism to expand and improve training in the sector.
Regulatory frameworks include the norms and standards for educators, which were published earlier this year. These define the roles and competences of an educator and provide a useful benchmark to ensure that our programmes and teachers are of good quality. We will also be introducing legislation this year which will amend disciplinary procedures in education so that cases of misconduct can be speedily and effectively dealt with at an appropriate level. But, these are the formal aspects of professional development with training for future qualifications and ensuring disciplined behaviour by educators.
The third leg, the promotional leg, as I call it, is just as important. The purpose of this leg is to enable and assist the public to construct a new image of teachers. The status of teachers appears to have declined over the past two decades, and the very notion of educator professionalism has become contested and discredited. This is a worldwide problem, I must say. As long ago as 1966, Unesco and the International Labour Organisation tabled a recommendation concerning the status of teachers. In the foreword to the 1998 World Education Report, the former director-general of Unesco stated that the 1966 report is especially relevant today, and he asserts, I quote, that `` the teachers in particular need our encouragement and support''.
In our country, the image of teachers has been battered by many factors. These began with the deprofessionalisation of teachers, especially black teachers under apartheid, who were expected to be uncritical and low-paid functionaries. A professional was defined by the NP government as non- political and subservient, as I myself experienced as a school teacher under this regime 40 years ago. They were without any civil liberties and civil rights whatsoever. Many teachers bought into this definition. Many teachers of all races bought into this definition of nonprofessionalism to secure their own places in the system, and particularly their promotion. Others rightly rejected this understanding, but without creating a viable liberatory model of professionalism.
These situations reflected in the divisions that arose out of the repression of teachers in the 1980s and the resulting resistance. When artificial distinction was raised between the so-called professionals and workers, a new professionalism which embodied the material, political and pedagogical or teaching arena emerged in South Africa and elsewhere when teachers established unions to simultaneously pursue professional and labour-related issues. As the current Minister of Labour put it in his position as president of Sadtu a few years ago, I quote:
The conditions under which teachers teach are the same as those under which learners learn. We cannot separate the learning process and the conditions which surround it.
More recently, the rationalisation and redeployment process has also affected morale, and many teachers felt unwanted and surplus to requirements. This redeployment, which we called equity redeployment, was a necessary but painful process, and I am glad to be able to announce that we are now in a position to terminate and end this special equity-driven initiative at the end of this month. It is now time to right all these wrongs and to rebuild the professionalism of our teachers. We all recognise the need for a cadre of well-trained, reliable and professional educators who are trusted by the public they must serve. One way of doing this is by holding up as role models those very brave, underfinanced and often undertrained teachers who meet this definition of professionalism by praising and rewarding them. This is being done through the National Teacher Awards scheme which I launched two weeks ago in Johannesburg. The awards will be made on 5 October, World Teachers' Day.
The other means of enhancing the sense of teachers is through the establishment of a really credible and accountable professional council which will provide a guarantee of quality in respect of the services obtained from registered teachers. This is the aim of the legislation that is now before members. We have put before this House a Bill which will provide for the revitalisation of the professional council for educators. This council was originally established by collective agreement between trade unions and the national Department of Education.
This council, thereafter, had a temporary legislative home as a chapter of the Employment of Educators Act. We are past masters at passing a huge raft of Bills in this country. Neither of these was a satisfactory location for the council since they both related to an employer-employee relationship. This relationship has undermined the collegial nature of the council with discussions and decisions of the council often being partisan and adversarial, which is not the function of a professional body.
This council now before members is set to make a fresh start under the new legislation. The primary functions have not changed in this newly constituted council, and the council will remain responsible for registering, first of all, qualified educators; secondly, for promoting the development of the profession and thirdly, for ensuring that educators abide by a code of professional ethics. The scope of the council has been extended by the inclusion of the early childhood development sector, adult educators and teachers in independent schools. I must praise these sectors for the willingness they have shown to be part of this council which bodes well for the future, because we will now be inserting true professionalism over the whole gamut of the teaching profession.
But there is now a dynamic which will ensure that the functions of the council are pursued with greater vigour, greater unity of purpose and with the interests of education and in particular of children held uppermost. This new dynamic will come about as a result of a number of innovations and changes in the Bill, including the fact that the council will in future be made up of a much wider variety of participants, reflecting the extent and scope of the council. These participants will include the organised teaching profession, rightly comprising the majority in the council, as well as representatives nominated by school governing body associations, the early childhood education sector, the adult basic education training sector, further and higher education sectors and also of course the independent schools.
This will ensure that the council does not follow the pattern of too many other professional councils, especially that of my own profession, the legal profession, which have become self-serving, protectionist instruments, defending the profession against the interests of the public. This council will therefore repudiate Jeremy Bentham's famous dictum that all professions are a conspiracy against the public. By contrast, this council will serve the public by calling to account educators who do not provide a quality education service. Such service is defined by the code of professional ethics, which defines how an educator should relate to his or her learners, to colleagues, parents and the broader community. Any breach of this code will be investigated and, if necessary, pursued by the council with the authority it will have to take appropriate disciplinary action.
This public accountability will be improved and enhanced by two other factors. Firstly, all members of the council will be appointed by the Minister. They will therefore, although they represent different sectors, owe their allegiance to the council and the profession and not to any constituency which has made the nomination for appointment.
Secondly, the chairperson of the council will be appointed by the Minister on the recommendation of the council. This chairperson will be empowered to act with confidence in leading the council with the full authority conferred in the national interest. Where firm decisions need to be taken, these will not be influenced by the interests of one or the other constituency. I was therefore rather perturbed by a reaction from some quarters which questioned this approach of appointing the chairperson of the council.
These are the formal elements of this Bill, which alone should provide for the revitalisation of this council. But there is more. I have attempted to inject into this council a dose of commitment, a professional commitment to serving the interests of the profession and of education, on a voluntary basis - something new in South Africa.
I have reached an understanding with the chief executive officer of the council, that the council will not under ordinary circumstances convene a sitting of the council during school hours. Meetings will be held after hours, at weekends and during school holidays, to ensure that this council will not be accused of destabilising schools or interfering with the normal teaching routines.
This House should also note that apart from the chairperson, who will have a very heavy load, no member of the council will be paid for participation in the council. This is also a new departure in our country. Service to the council will be voluntary and not based on personal enrichment, but on the will and ability of the 30 persons who will be appointed to this council. These aspects are most important, since members of the council should be role models in respect of the ethos of voluntary involvement and commitment which we need so direly in our education system.
Now is the time also for ordinary people to make the contribution to education. We cannot claim that all citizens of this country have fully embraced the spirit of voluntary work upon which this country will be made great. The principle embodied in this legislation is that of public scrutiny of the teaching profession. Through this council the public will recognise and appreciate the contribution of teachers to building this nation. But there will also be an opportunity to weed out those who are not up to scratch, who do not act in accordance with the values and ethics of our new democracy.
The Bill also asserts the view that all of us, as citizens and whatever our own levels of education, know what it is that we want from our public servants, the teachers. It is also founded on the assumption that ordinary people, representatives of the citizens, will also make themselves available to serve and ensure that we receive the quality we expect. This association therefore is no abstract matter. It gives us the means to influence what happens to our children everyday at school.
We have promised, rightly, a better life for all. We are beginning to deliver on that promise. But we never said that we could do it alone. All of us must play our part, on the basis that we are beginning on a new route to establish, not a culture because a culture is an evolving matter, a habit of mind, but a commitment. We can commit ourselves to a new way of doing things. I therefore have pleasure in commending this important measure to the NCOP. [Applause.]
Chairperson, hon Minister, hon special delegates present here, hon members, we have received the Bill which was referred to the select committee. It is only proper to indicate that the Bill has gone through all the stages, including the provinces, inputs, public hearings and briefing by the department, and we are satisfied as a committee that the Bill is suitable. With these few words, I would now like to wear the other cap, because I am standing here representing the province.
The debate on the South African Council for Educators Bill provides us once more with an opportunity to engage in a vigorous debate. Since our democratic Government came to power, a lot of progressive legislation has been put in place to enhance the transformation of our country. In pursuance of this transformation it is necessary for us to review our approach from time to time.
The SA Council for Educators was initially established in terms of a collective agreement reached in the Education Labour Relations Council. The resolution spelt out the objectives, composition, powers and functions of the council. It was to replace the Teachers Federal Council, a creation of the apartheid government accommodating only white educators. The SA Council for Education was subsequently established in terms of the Educators' Employment Act in October 1998. This was informed by an understanding amongst stakeholders that a regulatory body like SACE has to be inclusive of the stakeholders and does not fall within the domain of collective bargaining. It was also understood that this was a temporary measure, as SACE required its own Act.
The South African Council for Educators Bill provides for some effective measures of control by educators and other stakeholders, accepting that the state must continue to ensure the provision of an efficient system of education. The scope of SACE must not be limited to educators employed in terms of the legislation of 1998, but must include educators at independent schools, educators employed by governing bodies, as well as adult basic education and training and higher education practitioners.
The Bill does not deviate from the fundamental principle of the SA Council for Education, which is founded on the promotion and development of the teaching profession, the establishment of a registrar of educators, and the establishment and maintenance of a code of professional ethics for educators. SACE is not a disciplinary arm of Government, but should enhance greater discipline amongst educators, not with the intention to witch-hunt educators but rather to intervene in a professionally sound manner.
The composition of the council as proposed is inclusive of all stakeholders, that is educators, representatives of education departments, school governing bodies or SGBs, higher education institutions, further education and training, and private and independent schools.
For greater accountability, the Minister must approve the statement of income and expenditure of the council.
In conclusion, the SA Council for Educators should remain committed to high standards in education to ensure that our educators are productive in a pluralistic and interrelated global world. It is the responsibility of every citizen to ensure that the image and dignity of the teaching profession is ameliorated. [Applause.]
Chairperson, hon Minister Asmal, hon MECs from the provinces, special delegates and dear colleagues, I mentioned once before in this august House that the DP, though in opposition to the Government, will not oppose every piece of legislation that is brought before the House. We see this Bill, the South African Council for Educators Bill, as a piece of legislation that should be supported, and I have pleasure in doing so on behalf of the DP. At least on this occasion I will be spared the mandatory ministerial chastisement for presenting opposition to Bills presented in this House. Let us quickly traverse the terrain before the South African Council for Educators Bill came about in its present form. When the SA Council for Educators was established in 1995 it was, understandably, perceived to be an extension of the Education Labour Relations Council. The idea of a professional body which would promote and control the teaching profession, as intended, was thus diminished to some extent. This shortcoming was redressed in 1998 when the Employment of Educators Bill was tabled in Parliament. The Bill was amended to include Chapter 6, which converts the SA Council for Educators from a labour-oriented body to a statutory body, thereby ensuring that the SA Council for Educators would be regarded as an independent professional body outside the influence of the Education Labour Relations Council.
However, the SA Council for Educators, as a statutory body, was found wanting in one important respect. The scope for application of this professional body was restricted to educators in public schools and public learning centres, and was not applicable to private or independent institutions. Hence, the need for a comprehensive, all-inclusive professional body to regulate the whole teaching profession wherever educators may be employed. This new SA Council for Educators will thus have a new face.
Furthermore, it will not only develop, maintain and promote the image of the profession, but also place professional ethics for educators on a distinct plane. The Minister, of course, will ensure that the SA Council for Educators will function in a transparent manner and that it does not function in such a manner that it would be inaccessible to educators at large.
The DP cannot but support the good intentions of the hon the Minister in proposing such a Bill, which would clearly elevate the status of educators and their professional conduct and ethics to a higher plateau.
Finally, I want to compliment the Ministry for the manner in which the Bill was presented to the select committee, and the accommodating manner in which the amendments were received. The DP particularly welcomes the amendments now contained in clause 6(5) under ``composition of council'', as well as clause 7, regarding the appointment of the chairperson by the Minister.
Finally, I reiterate that my party has pleasure in supporting this piece of legislation. [Applause.]
Order! I have noticed that the Minister of Education has brought a traditional weapon into this House. I am not quite sure why, but I hope it is not to be wielded against any of us. [Interjections.]
Chairperson, hon Minister and hon members, I want to speak in support of this Bill which is an important event in the transformation of education. In other words, the Minister has walked his talk.
By creating a professional home for teachers, the Bill will serve to enhance the status of professionalism and lead to a new climate of accountability and delivery.
This council must play its role in upgrading the overall quality of the profession. It must serve to ensure that those teachers who were poorly trained by successive apartheid governments, now get the chance to become fully qualified professionals. It must also assist in ensuring that even our best qualified teachers are properly orientated towards a culture of human rights within the school and classroom, promoting the values and ethics which make up a democracy. The SA Council for Educators must be prominent in the celebrations of World Teachers Day on 5 October so that the nation can show its appreciation for the work which they do in the country.
But, the Sace will also have to act decisively where there is evidence that a teacher has contravened a code of professional ethics. The Sace must be the quality guarantee in education. Parents and learners must be assured that what they expect is what they get. In severe cases, the council will have the power to remove the name of an educator from the roll in this country. This is a harsh sanction and it must be used judiciously. But where it finds that a teacher has sexually abused a child or perhaps sold an examination paper, the council cannot afford to be soft. It must invoke the powers it is given through this Bill. I am sure it will, since the profession as a whole is discredited by the actions of a few elements such as these.
The public will also have a role to play, not just in reporting possible cases of misconduct to the council but also in the council itself. The teaching profession will be the majority in the council. However, other stakeholders will also be there to ensure that the council acts fairly in its deliberations. In this way, the interest of the profession will be balanced against the interest of the public. We cannot allow either of these to become dominant. The fact that the scope of the new council will be extended to include all sectors in general and further education bands in particular is exciting and leads us towards a position where all education and training is part of a seamless, integrated system.
Adult educators, for too long, have been a forgotten sector among teachers. Now they can get their recognition and, so too, our early childhood educators. They are regarded by many as baby-sitters, and yet they care for the children who are at their most impressionable age - an age when their attitudes and personalities are being formed. We must therefore expect a high degree of professionalism from such educators if we are to have decent citizens emerging from our schools.
The inclusion of private or independent schools is also significant. We are all aware of the poor treatment of learners by a number of fly-by-night cash colleges. Institutions which employ unqualified teachers provide very little education and extract enormous fees from desperate parents. This cannot be allowed. The Bill will at least ensure that any educator employed in a private school is qualified, registered and acts in a professional manner. The traditional private school sector, including the religious schools, has welcomed their inclusion in the scope of the council. In fact, many of their teachers have already registered with Sace of their own accord. We applaud them for this move.
The council has a huge responsibility to ensure that the ongoing transformation of education is not undermined by poor performance of a few educators. There are still enormous challenges in respect of both equity and quality, and we need a cohort of committed professionals to get us there. Most of all, we need teachers whom we can trust. When our children leave for school in the morning, we must know that they are safe, in good hands and are involved in learning. That is what the SA Council for Educators aims to deliver. I therefore call on members to support the Bill. [Applause.]
Chairperson, hon Minister, hon special delegates and hon members, the existing Council of South African Educators was established in 1995 through an agreement in the Labour Relations Council. This collective effort by the state as employer of educators on the one hand, and the trade unions on the other hand, sought to establish a professional council to register educators and discipline them if they should be in breach of their code of conduct. The council was therefore perceived to be more an extension of the Education Labour Relations Council, rather than a professional body which would inspire and strive for more noble ideals in the promotion of the profession. The passing and the subsequent amendment of the Employment of Educators Act of 1998 attempted to correct the situation, but could not overcome the inherent impediments, such as addressing the image of the council and the legal restrictions embodied in the Act.
Currently the council consists of members representing public institutions. In this Bill before us, the majority of members, that is 18, will be institution-based educators, employed in various educational institutions which were not accommodated before. One can then boldly say that the composition of the council proposed in this Bill is inclusive of all facets of the education spectrum and the community at large, through the National Association of Governing Bodies. There are therefore no more doubts or hassles as far as the composition of the council is concerned, since the structure of the new council, including the all-important position of the chairperson, were decided upon through elaborate deliberation processes involving all stakeholders. The Bill itself also underwent several amendments before presentation to this Chamber. In this regard, one can say that the principle of participatory democracy was exercised extensively when this Bill was negotiated.
Any law becomes obsolete when not practised or exercised. As public representatives we have to publicise the contents of this Bill when it becomes law, with the same vigour and consistency that was displayed during the negotiation stage. The newly elected governing bodies should continue to be our active and reliable partners in the transformation of the educational sector. The functioning of the council, as well as of its statutory committees, presents us with immense challenges which cannot be overcome in a passive way. I am referring here in particular to the challenge posed by the charting of the future of thousands of underqualified and unqualified educators in Mpumalanga and elsewhere, not to mention the so-called unemployed teachers. I believe that we should never, ever think that they are not our responsibility, and the same goes for the situation of illiteracy in our communities.
An average employee in any institution is usually preoccupied with working conditions and other things concerning himself or herself, but in the education field we find educators and other stakeholders being concerned about the ethical standards of this noble profession. Yes, it happened in other professions, but through interaction with the educators and other stakeholders, I am inclined to believe that the educators and these stakeholders unwittingly espouse a higher degree of patriotism. To these dedicated men, including our hon Minister and his formidable team up there, I would like to say ``keep up the good work''. [Applause.]
Madam Chairperson, national Minister, Prof Asmal, special delegates from provinces and hon members, let me start right away by supporting the essence and principles of this Bill. We believe that it is going to maintain and protect the ethical and professional standards of educators in our schools. The teaching profession will be treated the same as other professions, like lawyers and doctors, because, when a lawyer transgresses the ethics of his or her profession or a medical doctor transgresses the ethics of his or her profession, he or she is struck off the roll.
In that way, this Bill is going to make it possible for the image of this profession to be raised. There has been a missing link between the Department of Education and the teachers' unions. The Department of Education plays the role of employer, and it is too administrative, while the teachers' unions look after the interests of the educators.
The SA Council of Educators will fill this gap by protecting the profession, by helping the members of this profession to look after the souls and to build the characters of the children by making them better members of the nation in the future. Those who belong to this profession will be carefully monitored and catered for. They must be good models of acceptable moral values which learners can emulate.
We support this Bill with the following issues of concern and comments. Firstly, to whom is the SA Council of Educators accountable? Is it to the educators or to the Minister? The unions argue that the origin of the council is the Central Bargaining Chamber, therefore it is accountable to them. The Minister says it is a body for professionals who are teachers. It goes without saying therefore that the Minister is directly responsible, since it deals with the issues of character, conduct and maintenance of professionalism.
The second concern is the responsibility of the funding of the council? Should it rely on the levy from the educators? What should be the role and contribution of the state with regard to the funding of the council? It is a question of: You put your money where your mouth is. Or is it not what we are going to get from the educators?
The other concern is the issue of the chairpersonship of the council, which is still debatable. The Minister maintains that he should be responsible for the appointment of the chairperson of the council, and the unions are opposed to that. What criteria will be used in the nomination of the three names for the chairpersonship?
With regard to the composition of the council, it will be educators collectively nominated by the organised profession. How is that going to be done? Will it be that two educators will be nominated per province, or is it going to be a random selection or nomination?
Regarding registration of all educators, this is, in fact, licensing of teachers, meaning that an educator who is not registered with the council cannot be allowed to teach in South Africa. The registration of educators in the independent schools also needs to be considered. One wonders how private or independent schools will come out with one person. Is it a national body that co-ordinates these schools?
Another concern is the professional outlook versus chamber activities. A clear line of distinction is important between the two. Otherwise, it may create a serious problem. The institutions are separate with different roles.
The next one is the relationship between the department and the council, in respect of disciplinary measures against members of the council. Is the department obliged to report disciplinary cases it handles and give a verdict to the council and vice versa? What role is the council expected to play when a particular educator is, for instance, suspended or discharged by a provincial department? How are the two going to interact, co-ordinate, or complement each other? [Applause.]
Chairperson, hon Minister, MECs and members, some of the key principles raised in a myriad of documents that promoted the struggle for democracy, were representivity, inclusivity and participatory democracy.
We support the Bill for the effect it gives to these principles by broadening participation in the council to make it representative and regulating the whole profession in and outside public institutions, through registration, professional development and a code of ethical standards.
We appreciate that some stakeholders have raised concerns around the composition and funding, and what they perceive as an attempt to provide for the ministerial control of the council. It is hoped that these concerns will serve as a constant reminder to the department that the ideals of democracy will be maintained. However, it is in the nature of the profession of educators and its functioning to call for participation from other interest groups in the community; hence the need to create space for their involvement, so that the council is not misconstrued as a mere extension of the bargaining council, which operates on the basis of proportional representation, and so that the council is not serving the interest of only one of the stakeholders in the educative processes.
Furthermore, despite the plausible efforts to rescue education from the legacy of crisis and to put it on a pedestal in terms of the expectations of the new millennium, there still remains public perceptions that the standards or the status of the profession has been sacrificed at the altar of political expediency or partisanship and unionisation. There is a need, therefore, to manage these perceptions by providing a balance between the effectiveness of the council and rebuilding the confidence of the public in the profession, and to profile the image of the profession in a renewed fashion and in keeping with the dictates of the ethos of our new democracy.
It is considered, in the interests of the contributors to the funds of the council, to open the funds to public scrutiny, in terms of enabling legislation. UDM sees the provision around this development in the light of its bent on promoting transparency and accountability, as well as fighting fraud and uprooting corruption ferociously. [Applause.]
Mrs E E N KANKOSI-SHANDU (KwaZulu-Natal): Chairperson, I want to say from the beginning that we in KwaZulu-Natal support the Bill.
For the Bill to enjoy the full support of the whole profession, the Sace must been seen as a council for educators. It is imperative that educators, especially those who are in actual service, are able to participate and contribute to the council's work. Otherwise, it will become another structure with very little impact on educators in general. There must be ownership in terms of the role of the Sace. All efforts must be made to ensure that all educators, irrespective of whether they are in private or public schools, and across all bands of the National Qualifications Framework are included.
In order for the Sace to be meaningful in the transformational process, emphasis must be placed equally on its role as a developmental body for educators, a body that keeps an up-to-date register for educators and is a watchdog for the professional ethos of the educators. We also support the separation of the South African Council for Educators Bill from the Employment of Educators Act as the two cannot fall under one Act without restricting the other and eventually destroying both of them. We thus appreciate the efforts of the national Ministry in coming up with this Bill that seeks to separate, officially, the Act that governs the creation and the operation of the South African Council of Educators as an independent Act.
As far as the composition of the Sace is concerned, it is desirable that it must represent the profession, but it may have to be broadened to match the envisaged scope of educators from both public and private domains. It is also desirable that the Sace not be dominated by any one sector of the organised profession. There is a need for an understanding to be arrived at with all stakeholders as to how the 18 educators will be spread out in order to avoid the situation whereby one union will dominate the council.
We also want to say that in terms of the language in which the certificate is issued, we agreed among ourselves in KwaZulu-Natal that the certificate must be issued in the language of the educators' preference, especially if the language is one of the 11 official languages of this country.
We are also of the opinion that the council is best placed to decide, from among its members, who the chairperson ought to be. The chairperson, however, must be answerable to the Minister. We therefore recommend the formation of the technical committee to work out these clauses, as they impinge on the actual functioning of the council.
Finally, we believe that in the interests of education, the Sace needs to commit itself to the establishment and maintenance of a code of professional ethics for educators and also focus on the promotion and development of the teaching profession. [Applause.]
Madam Chair, hon Minister, hon members, the interim arrangement to create the South African Council for Educators as a statutory body by the inclusion of a chapter in the Employment of Educators Act of 1998 was not the best or most effective manner to deal with the matter. National and international models of professional councils of a similar nature have shown that it can only be effective in its functioning and have the right status and recognition if such council is contained in its own substantial Act.
The placement of this professional council in an employment Act applicable to state educators is very restrictive and undesirable as a model for the profession of educators.
The scope and functions of this council were restricted to the employment of educators at public schools and in public further education and training institutions, and the intention is to get such a council to regulate the whole profession. This means that this Bill extends the scope of this professional council of all educators employed in private or independent institutions in the general and further education and training sectors.
The Bill requires that educators employed in ordinary public further education and training institutions, the early childhood development sector, the adult basic education sector and the education for learners with special needs sector be members of the council. This includes members who represent national associations of school governing bodies and the Council for Higher Education. It also includes members nominated by national bodies representing independent or private institutions.
This Bill makes provision for the functions and powers of the council which range from promoting, developing and maintaining a professional image of the profession, advising the Minister on matters relating to registration of educators, prescription of fees payable to the council by registered educators, to taking disciplinary measures against educators who contravene the code of conduct of the council. The Bill also provides for the furnishing of information by a higher education institution and/or employer of an educator to the council, whenever the council requires such information for the performance of its functions.
The chairperson and the deputy chairperson of the council, and every member and any person appointed as a member of a committee or a panel who is not in the service of the state may, in respect of services rendered by them in connection with the affairs of the council, a committee or panel, be paid by the council all such travelling subsistence and all other allowances. The ANC supports the Bill. [Applause.]
Mevrou die Voorsitter, agb Minister en agb lede, die Nuwe NP steun die Wetsontwerp op die Suid-Afrikaanse Raad vir Opvoeders. Dit is bemoedigend dat die samestelling van die raad grotendeels uit opvoeders vanuit 'n wye spektrum van opvoedkundige instansies gevorm sal word.
Ook is dit verblydend dat die wetsontwerp dit ten doel het om die beeld van die onderwysprofessie te bou en in stand te hou. Vir die Nuwe NP is die professionalisme en toegewydheid van die onderwyskorps in ons land van die uiterste belang, en hierdie raad sal dan ook oor die meganismes beskik om die Minister te adviseer oor aangeleenthede in di verband.
Ook verwelkom die Nuwe NP die feit dat die uitreiking van die registrasiesertifikate nie slegs in een taal sal wees nie, maar dat elke opvoeder die reg gegun sal word om sy of haar sertifikaat aan te vra in die taal van sy of haar keuse. Die feit dat die wetsontwerp voorsiening maak vir statutre komitees, onder meer vir registrasie, professionele ontwikkeling en tug ten einde die werksaamhede van die raad deursigtig en toeganklik te maak vir alle opvoeders is 'n pluspunt. Die Nuwe NP steun die wetsontwerp. (Translation of Afrikaans speech follows.)
[Mrs J WITBOOI: Madam Chair, hon Minister and hon members, the New NP supports the South African Council for Educators Bill. It is encouraging that the council will be composed in the main of educators from a broad spectrum of educational institutions.
It is also heartening that the Bill is aimed at building and maintaining the image of the teaching profession. To the New NP the professionalism and dedication of the teaching corps in our country is of paramount importance, and this council will also have the mechanisms to advise the Minister on matters in this regard.
The New NP also welcomes the fact that the registration certificates will not be issued in one language only, but that every educator will be entitled to request his or her certificate in the language of his or her choice. The fact that the Bill provides for statutory committees, inter alia for registration, professional development and disciplinary measures in order to make the activities of the council transparent and accessible to all educators is an advantage. The New NP supports the Bill.]
Mevrou die Voorsitter, agb Minister, as die Nuwe NP die wetsontwerp steun, is dit vanselfsprekend dat die provinsie Wes-Kaap ook die wetsontwerp steun. Die Wes-Kaapse regering glo dat opvoeders 'n baie edel professie beklee en dat professionele ontwikkeling gereeld bevorder moet word. Verder glo die Wes-Kaapse regering dat die etiese en professionele standaarde vir opvoeders in stand gehou en beskerm moet word.
Hierdie wetsontwerp sal toesien dat hierdie raad die regte status en erkenning geniet. Die feit dat die raad saamgestel word uit lede van die onderwysgemeenskap van die land is 'n bewys dat daar erkenning gegee word aan al die onderwysrolspelers.
Wat my egter 'n bietjie bekommer, is die feit dat die Minister die voorsitter van die raad sal aanstel soos bepaal deur klousule 7(1)(a) van die wetsontwerp. Wat my nog verder bekommer, is dat selfs iemand wat nie 'n lid is van die raad nie, as voorsitter van die raad genomineer kan word soos uitgespel word in klousule 7(1)(b).
Die ondervinding in die onderwys het geleer dat aanstellings deur Ministers baie dikwels tot groot ongelukkigheid kan aanleiding gee; dat so 'n persoon selfs met agterdog bejen word; dat so 'n persoon se geloofwaardigheid baie dikwels onder verdenking kom, en dat so 'n persoon heel dikwels nie die volle samewerking van die res van 'n raad of vereniging kry nie. Ek wil aanbeveel dat die raad nie net die nominasie sal doen van 'n voorsitter nie, maar dat die onderwysgemeenskap waaruit die raad saamgestel sal word, ook die verkiesing van die voorsitter uit eie geledere sal waarneem.
Dit is goed dat die professionaliteit van die onderwysprofessie gerel word deur 'n raad wat uit lede van die onderwysgemeenskap kom. Hierdie raad moet uiteraard 'n liggaam wees waarin lede van die onderwysgemeenskap die professie se sake sal rel.
Daardie lede van die raad wat in die tugkomitee moet dien, sal uit die aard van hulle werksaamhede nie baie gewild wees nie. Die bre onderwysgemeenskap daar buite sal die raad en veral sy komitees met arendso dophou om te kyk of hulle hul taak met die nodige professionalisme en deeglikheid gaan uitvoer. Omdat goeie orde en dissipline noodsaaklik is vir suksesvolle onderwys, sal die tugkomitee hom uiteraard die gramskap van diegene op die hals haal wat goeie orde en dissipline met chaos wil vervang. Daar moet sonder aansiens des persoons opgetree word teen individue wat chaos wil veroorsaak in die onderwys.
Daar was in die verlede die geneigdheid by sommige onderwysorganisasies om vir lede wat hulle skuldig gemaak het aan erge voorvalle van ongedissiplineerdheid in die bres te tree. Ek wil 'n vriendelike versoek tot ons onderwysorganisasies rig om hulle te distansieer van diegene wat 'n struikelblok wil wees in die weg van doeltreffende en effektiewe onderrig aan ons leerders.
Omdat die speelveld in die onderwys nog baie ongelyk is, is dit noodsaaklik dat ons as onderwysgemeenskap kollektief sal saamwerk om die speelveld in die onderwys gelyk te maak sodat opvoeders dit nie as 'n verskoning kan gebruik wanneer hulle oorgaan tot gedrag wat nie van professionalisme getuig nie. Ten slotte wil ek net herhaal dat die Wes-Kaap hierdie wetsontwerp steun. (Translation of Afrikaans speech follows.)
[Mr A B WILLIAMS: Madam Chair, hon Minister, if the New NP supports the Bill, it is obvious that the Western Cape Province also supports the Bill. The Western Cape government believes that educators have a very noble profession and that professional development should be promoted regularly. Furthermore, the Western Cape government believes that the ethical and professional standards for educators should be maintained and protected.
This Bill will ensure that this council enjoys the appropriate status and recognition. The fact that the council is composed of members of the teaching community of the country proves that recognition is being given to all the education role-players.
Something I feel a little concerned about, however, is the fact that the Minister will appoint the chairperson, as prescribed by clause 7(1)(a) of the Bill. What causes me even more concern is that even a person who is not a member of the council may be nominated as chairperson of the council, as stipulated in clause 7(1)(b). Experience in education has shown that appointments by Ministers can very often lead to a lot of unhappiness; that such a person might even be regarded with suspicion; that the credibility of such a person is very often in doubt, and that such a person very often does not enjoy the full co-operation of the rest of the council or association. I want to recommend that the council not only nominates a chairperson, but that the teaching community, whose members will constitute the council, will also observe the election of the chairperson from its own ranks.
It is a good thing for the professionalism of the teaching profession to be regulated by a council consisting of members of the teaching community. This council must obviously be a body in which members of the teaching community will be regulating the affairs of the profession.
Those members of the council who have to serve on the disciplinary committee will, by virtue of their functions, not be very popular. The broader teaching community will have to keep a watchful eye on the council and especially on its committees to see whether they perform their task with the necessary professionalism and thoroughness. Because good order and discipline are essential for successful education, the disciplinary committee will obviously incur the wrath of those who want to replace good order and discipline with chaos. Steps will have to be taken without fear or favour against individuals who want to cause chaos in education.
In the past there was a tendency in some education organisations to defend members who were guilty of severely undisciplined behaviour. I want to address a friendly request to our education organisations to distance themselves from those who want to hamper efficient and effective education for our learners.
Because the playing field in education is still very uneven, it is essential that we, as the teaching community, work together to level the playing field in education so that educators cannot use that as an excuse when they indulge in behaviour that is unprofessional.
In conclusion I just want to repeat that the Western Cape supports this Bill.]
Chairperson, hon Minister, the hon House, the South African Council for Educators was established in 1995 after an agreement between the state as employer of educators and the trade unions on behalf of the employees. This professional council is intended to register educators and be able to discipline them if they are in breach of their code of conduct. This means that the South African Council of Educators, Sace, would therefore be not more of an extension of the education labour relations council, but rather a professional body which promotes and controls the profession.
The Bill provides that in the appointment of the members due consideration should be given to representation in respect of race, gender, disability and geographic distribution, and this is most welcome. It is also of interest to note that the members to be appointed by the Minister would first be nominated by various specified organisations, and this process also is democratic and welcome.
The Bill further clearly sets out the functions of the Sace: It shall develop, maintain and promote the image of the profession, it shall register educators who comply with determined minimum criteria and it shall, from time to time, review a code of professional ethics for educators. The Bill was published for public comment by the various roleplayers and the final product, now before this hon House, was a joint venture. The UCDP is in full support of the Bill. [Applause.]
Chairperson, hon Minister, I would like to thank hon members in this House for this opportunity to express myself on behalf of the committee. In the first instance, allow me to address the DP. I hope that it has not arrived at a cul-de-sac and that it is reconsidering its views. We appreciate their position. [Laughter.]
During the deliberations at the public hearings on the Bill, two key issues were given special attention. The first issue was the involvement of the Minister in the appointment of the council and its chairperson. Education within the general and further education and training band is a fundamental right of all learners. South African Council for Educators is a professional body responsible for ensuring that education is provided by professionals who adhere to a professional code of ethics. There can be no doubt that the professional conduct of educators raises public interest.
As education is clearly in the public domain, gone are the days when the own-interests of a profession prevailed over or negated the interests of the public affected by the conduct of professionals. The profession can no longer protect and justify itself in spite of evidence that individuals act unprofessionally. It also empowers the Minister to appoint a chairperson.
The Minister chooses the chairperson out of five members. These five members are appointed by the the South African Council of Educators, Sace, itself, he does not appoint the chairperson from outside. It is not three members as one member has alluded. The Minister appoints a chairperson out of five members and the five members come from within the Sace itself. The approach makes it possible to appoint a chairperson with a public stature who can ensure that both the professional and public interests are served, and by so doing avoids a situation whereby we have a player and a referee being the same person.
The Bill determines that the Sace is subject to public scrutiny by requiring reports to be tabled in Parliament. It stipulates that the budget of the Sace must be approved by the Minister and that money may only be spent within that approved budget.
There can be no doubt that the definition of a national public entity in terms of the Public Finance Management Act, Act 1 of 1999, is wide enough to include statutory bodies such as the Sace. The Sace is therefore subjected to the provisions of that Act. In terms of the definition, the Sace is an entity established in terms of national legislation. It is fully or substantially funded by way of compulsory levy and is accountable to Parliament. The approach requiring that the Minister should approve the budget of the Sace is in accordance with section 3 of the Public Finance Management Act.
A question arose during the debate on what the Government is doing in terms of funding the Sace. The Government does not fund the Sace nor does it subsidise it in any way. So it is explained in the Bill that it is fully or substantially funded by way of compulsory levy and is accountable to Parliament.
The intention of the Bill is to ensure that public contributions by way of compulsory levy are scrutinised by those in public office and is subject to public debate in Parliament if the money is not used in terms of the approved budget within the scope and functions set out in the Bill. This is an open and democratic approach to ensure that the professional interests of all educators are looked after and developed. It will also prevent abuse and corruption by any official member or staff member. [Applause.]
Madam Chairperson, I know it is very late. There are rumbles in certain parts of our anatomies. I have always enjoyed coming to this House and therefore I will be using my 10 minutes to review matters, although the chairperson of the committee has answered some of the questions. I will be using my 10 minutes because I get a sense of enjoyment by being here in this House.
I begin with an apology. I am not going to lay into Mr Rajoo. I apologise to him. The last time I was here, I said I would have expected something more from a former student of mine. I apologised to him. We were contemporaries. I do not know which is worse. Should I expect much more from a contemporary or from a former student? So, I apologise.
Firstly, I am grateful for the little mercy that the DP has condescended from on high to support this measure and, that in that great outpouring of altruism, will give support for education development. I hope he will have a word with the spokesperson of the Other Place, Mr Ellis. Mr Ellis shoots from the hip almost all the time and, invariably, when one shoots from the hip one shoots oneself in the foot. I hope he will have a word with Mr Ellis not only on outcomes-based education, but also because we need to remove partisanship, in light of the extraordinary terrible period we went through in 1995-1996 to remove that. I think that the DP has a special role to play in that, because it adopts this highly partisan position.
The second point I would like to make is that some of the contributions have really been overtaken by events. I would like to ask special and permanent delegates to liaise much more with the MECs. This Bill was discussed at Cabinet level. This was discussed at length by the council of educational ministers and the MECs. They unanimously supported the provisions of the Bill. In fact, in clause 7 which deals with the appointment of the Chair, both the Cabinet, under Minister Buthelezi, and MEC Helen Zille insisted that there should not be nominations from the council, but that I should appoint, absolutely, the chairperson of the council.
But because of the representations made, we adopted this other formula. In other words, I think there should be closer co-ordination with the MECs. Of course the New NP may have genuine difficulties with the spokesperson of the Western Cape. They have a somewhat detached relationship with her. I sympathise with them very strongly because they have a semi-detached relationship with her, but for others there is really no excuse. Therefore many of the issues raised, for example by Mrs Bopalamo, were in fact dealt with in the committee. They were dealt with by the study groups, and they are reflected in the Bill.
This council is totally independent of the Minister. It is absolutely independent. The only issue that arises is in terms of the Public Finance Management Act, because so many of these councils have not been carrying out the proper financial controls over them. This council will be funded as all other professional councils are funded - and I would like to point this out to Mrs Bopalamo - by the members. And there is no reason why 360 000 members paying a small levy could not conduct a modest outfit and arrangement among themselves. No other council is, but why is it necessary for an independent council to have the chairperson appointed under clause 7(1)?
Other professional councils do not enjoy great public esteem. For example, as an advocate I speak particularly about the bar council. They investigate complaints among themselves in private, and hardly publish their report. As for the law society, it takes the versatility and the persistence of journalists, particularly journalists with a nose for information, to come out with a scandal about the abuse, for example, of the Motor Vehicle Accident Fund. It was a little journalist who did that in the first place. We have to get away from this comfortable conspiracy of professional bodies, and that is why we have clause 7(1) to improve the status of the teaching profession and the council. This is particularly important for the New NP, because this is an attempt by this Bill to ensure that there is greater participation.
I think we are one the first countries in the world to insert a role for the governing bodies in the council, and also for other school bodies rather than the state schools bodies. Particularly important are the five people who will be appointed by the department after full consultation with the MECs, people of international status and standing, so that there will not be a closed network of broeders, as we used to call them - sisters never got a look-in before. Now we want people who are not only broadly representative, but also strong people who will really look after the public interest.
The point that therefore arises is that I hope - and I would like to say this to Mrs Bopalamo - that this will not be like the medical and lawyers' outfits. I hope this will be very different. If one tries to get a doctor, for example here or in England or anywhere else, to give evidence against another doctor, one cannot get him or her to do so. That is the kind of masonic closed world we must get away from.
So the next point is that there is an enormous difference between professional ethics being broken and discipline. The disciplinary matter is between employer and employee. That is a disciplinary matter - breach of the contract of employment, nonattendance, nonservice. Breach of the law of the country, for example, is a serious matter. That is why I brought my traditional weapons here, which were confiscated the other day. [Laughter.] It is a breach of the law of the country to beat children. That is a contractual matter.
If a finding is made by the employer, then the finding, in principle, should be referred to the council for educators. There should be rules that will be worked out. The Council of Educators must look at that, but independently of the breach of the contract of employment, on the basis of public complaints. That is how it will work. I am not going to raise complaints with them. They are an independent body. The public now must assert their right if the ethics and the rules of ethical behaviour have been broken by individual teachers. They call them ``educators'' in the legislation, but the old-fashioned word ``teachers'', I think, is much better.
We must encourage the public to be sensitive about the needs of the parents and their own rights, so that they can make representations and complaints. There will not be a flood of complaints. We know that. But we must help and encourage people in an open democracy in that there is a professional body out there that seeks to assert and maintain the status of the teaching profession. So, I say that many of these points have been made, but member Suka has raised a very important point on these cash colleges. They are the reason why we must lift the status of the public educational system.
I have said to this House that we must all have a conviction about the value of the public educational system, for poor Afrikaners, for poor blacks, for Indians and coloureds, for all of us, and for the middle-class people in particular. Because, if the middle-class people do not send their children to public schools, then, immediately, standards deteriorate. Middle-class people are very articulate. They write to newspapers, they write to the Minister, they write to the clergy and all that. They write to everybody who has a public life.
That is why it is very important that we should lift the status of the public school system. These cash colleges are of two kinds. One is the cash college for higher education, which we are now seriously dealing with, because overseas cash colleges in particular, are coming here.
We are dealing with this very seriously, and we will prosecute the one so- called television training company, which has its headquarters inside the SABC, ``nogal''! They are illegally operating the training college inside the SABC. We will prosecute them. So, we are looking after higher education.
However, the proliferation of so-called secretarial colleges, intermediate colleges, computer colleges, high school level, and all kinds of colleges, are a menace and a scandal. We are now working with the provinces. We will have to work out, over the next six months, registration processes for them. If they do not register, we will throw the book at them, and prosecution and public vigilance are the way we are going to maintain standards of any kind here. I say, therefore, that Mr Suka's point is very important, but the answer to that is that our parents must have confidence in the public education system.
I think this Bill will help in a little way. In the end, it is the assertiveness and the democracy of ordinary people who want the highest standards, from doctors and lawyers, and we are concerned here with educators. With the support of members and their continued involvement, in a nonpartisan way, I think we can feel, as I always felt 42 years ago when I became a teacher, that this is the noblest profession of them all.
We can bring back that public appreciation of this extraordinary group of people who have done so much good in the past. We will now bring them back to centre stage in our educational system. [Applause.]
Order! Thank you, Minister Asmal. You have a standing ovation over there. The members are particularly energetic today, with standing ovations.
Debate concluded.
Bill agreed to in accordance with section 65 of the Constitution.