Chairperson, hon members and comrades, it gives me great pleasure to introduce the Higher Education Laws Amendment Bill, the Skills Development Levies Amendment Bill and the Higher Education and Training Laws Amendment Bill to this honourable House.
These legislative amendments further enable the transfer of functions vested previously with the former Department of Education, and with the Departments of Labour and Basic Education, to the Department of Higher Education and Training.
In the past 16 months, since the establishment of the Department of Higher Education and Training, we have made great strides in laying the foundation for a truly comprehensive and differentiated post-school system, conjoining the education and training sectors.
In 1994, we inherited the outcomes of a deliberate policy aimed at the underdevelopment of our people. Education performance still replicates patterns of poverty and privilege. The patterns of unequal educational outcomes are endlessly repeated through occupational inequalities from one generation to another.
Nevertheless, this ANC led-government of 16 years has made great efforts in denting many of these problems. This must be seen as another step in building upon some of those achievements and seeking to overcome bottlenecks. In the coming months, we need to make far-reaching changes to improve the provision of postschool opportunities for the youth in particular but for adults too. We also intend to accelerate our efforts in dealing with some of the fundamental challenges in the system including skills bottlenecks, especially in respect of priority and scarce skills; low participation rates; distortions in shape, size and distribution of access to postschool education and training; and quality and inefficiency challenges.
To address these and other impediments to our economic and social goals, we require significant policy and legislative changes and improvements.
Therefore, this amended legislation before the House will remove some of the difficulties and hurdles in the way of policy development.
The transformation and expansion of the Higher Education and Training landscape will have a direct bearing on government's overall mission for economic growth and development, especially for the benefit of the workers and the poor of our country.
My performance agreement with the President based on Outcome 5 of Government's Programme of Action, "A skilled and capable workforce to support an inclusive growth path", sets the agenda for the work of my department. Hon members, this outcome requires a major redesign of how government and its partners have been operating in the area of human resources development.
To guide our work, the human resources development strategy, which is in its final draft, will soon be launched by the Deputy President. Regarding the work of my department specifically, we have begun the process of drafting a Green Paper on Higher Education and Training, which will require a broader, long-term view of the post-schooling system we wish to create.
The year 2010 has been momentous for my department in respect of the regimen of stakeholder partnerships we have created. In April, we held a landmark Stakeholder Summit on Higher Education Transformation, which brought together a spectrum of the higher education community in order to confront the challenges in the university sector.
Earlier this month, we held two extremely successful dialogues: the Further Education and Training, FET, College Summit and the National Skills Summit. The FET College Summit was a thorough engagement among stakeholders on how to stabilise the sector and make colleges pillars of the skills development revolution in our country.
We set a process in place for action in the immediate, medium and long-term to support FET colleges to function as high-quality institutions that can respond to national education and training challenges.
Last week's National Skills Summit saw government and our social partners in organised labour, business, representative community structures, professional bodies, research, education and training institutions, and skills development intermediaries resolving to work together to effect a skills revolution in our country.
The discussions and final declaration set out a detailed map to tackle the skills challenges, from second-chance learning and adult education to high- level research and innovation. Chairperson, today, I table a copy of the declaration for the information of members.
The outcomes of all the three summits will form the basis of the Green Paper that is aimed at surveying the postschool education and training landscape, and setting out the policy and legislative changes needed to support our strategic objectives.
I wish to thank the chairperson, Comrade Marius Fransman, and all the members of the Portfolio Committee on Higher Education and Training for the sterling work they have done in holding public hearings and also interrogating these Bills. We will continue to work with them in relation to the extensive work required to create an articulated system, which is able to embrace those who are unable to access learning and skills opportunities, as well as to bridge the divides between institutions of learning and the workplace.
Kafushane nje le mithetho eyisichibiyelo esiyenzayo lapha, eyokwenza ukuthi sakhe isisekelo esiqinile ukuthi izingane zakithi zikwazi ukuthola imfundo yokuqhubekela phambili emva kwesikole. Siyabonga kakhulu. [In short, these laws that we are amending here are to ensure that we lay a strong foundation so that our children will be able to get postschool education. We thank you very much.]
Even though hon Mike Ellis was busy in conversation throughout my input here this afternoon, Chairperson, I thank you very much. [Applause.]
Hon Chairperson, hon members, Ministers, Deputy Ministers, ladies and gentlemen, the portfolio committee welcomes the introduction of these three Bills which we are discussing as one in this debate and, obviously, proposing their adoption in this Assembly of our people.
I have to thank various institutions and structures that were part of this process, which did not necessarily only start when the portfolio committee dealt with it. The process began during the transition from the Department of Labour to the Department of Higher Education and Training via the Department of Education. There, the Basic Education portfolio committee had to deal with and engage on certain issues concerning the Higher Education and Training committee. So, we want to thank all those institutions and structures of Parliament that had a preliminary engagement on these respective processes.
The portfolio committee has engaged on this particular matter since August this year. At the beginning of the debate, we really had a tussle between how deep we should go and the fact that this is a technical piece of legislation. We had to decide between working on it more substantially or dealing with the technicalities only.
There was also another question that the portfolio committee had to deal with, and that was with regard to public hearings. Currently, there is a convention that if the changes are extremely technical, one does not really require a public hearing process in an expanded way. However, we deliberated on this matter and the portfolio committee agreed that it is important to give input to the public on this issue.
Die voorleggings wat ons gekry het, was grotendeels te doen met ondersteuning vir hierdie drie wetsontwerpe. Ons het een of twee voorleggings gekry wat basies aangedui het dat hulle voel kwessies moet baie meer in diepte aangespreek word. In ondersteuning van wat die Minister nou ook ges het, het ons besluit dat daar 'n Groenskrif-proses sal wees. Ons sal daardie voorleggings binne daardie proses akkommodeer, waar daar baie meer deeglike gesprekvoering oor die kwessie moet wees. (Translation of Afrikaans paragraph follows.)
[The submissions we received mostly had to do with support for these three Bills. We received one or two submissions in which it was indicated that they believe issues should be addressed more thoroughly. In support of what the Minister has also just said, we have decided to follow a Green Paper process. We shall accommodate those submissions within that process, where there has to be more in-depth discussion about the issue.]
I want to thank all the political parties that participated in the portfolio committee process, and all the parties that have confirmed these amendments. I would also like to thank hon James, who has now moved from Higher Education and Training to another portfolio committee, for his input and engagement in our committee. I wish him well.
Essentially, the mandate to change this legislative process came from the January 8 Statement, and I would like to read from that. Page 15 in the January 8 Statement of 2010 reads as follows:
The process of creating a single postschool and training system for the youth and adults is now under way. Through such a system, the ANC government aims to respond to the requirements of the economy, rural development challenges, the need to develop an informed and critical citizenry, and maximum co-operation amongst the components of the learning delivery system at colleges, universities, workplaces and work training centres.
The January 8 Statement continues by saying:
Through such an integrated system, the ANC government will significantly increase access to postschool education and training. In addition, there shall be an effective co-ordination between the Seta system and education and training institutions, particularly FET colleges and universities of technology.
So what we are seeing, hon members, is that that which the January 8 Statement calls an "underway process" - which is based on our Polokwane resolutions - has been transformed, and has gone to the state. We are now seeing the implementation of that initial "underway process" speaking to legislative changes.
In terms of the respective Bills, therefore, essentially, we had to look at definitional changes in the Higher Education Laws Amendment Bill. We also had to address critical aspects that caused confusion in the Higher Education and Training system as a result of the transfer of the Skills Development Act.
So Parliament and the Department of Higher Education and Training would go out either on oversight visits or to the summits that the Minister has spoken about. There would be times when people would not be clear on matters, because they are looking at the law and still seeing definitions that are not relevant in their current context. Therefore we had to bring this before Parliament.
The amendments also seek to avoid confusion in respect of qualifications offered by private institutions, and to confirm their qualifications on the National Qualifications Framework, the NQF.
The Higher Education and Training Laws Amendment Bill seeks to amend certain definitions of the Adult Basic Education and Training Act, Act 52 of 2000, and to make provision for the employment and employers of educators at public centres by inserting provisions in the said Act. So, we had to look at those things and at the process and powers, functions, and the monitoring and evaluation of adult education and training.
Regarding the issue of international private providers, there was one submission that we found within the context of the public hearings, where the private providers felt very strongly that the insertion of certain wording will, in fact, make it a very bureaucratic process. From their point of view, it can delay quality education with regard to the registration of their qualifications. We debated this matter, because they also indicated, hon Minister, that if they were not to get their way, they would even consider taking the matter to court. We looked at the matter, and it is quite clear to us that it is, indeed, a separate issue. The insertion of the wording within the draft legislation will not necessarily affect it.
We must have registration at our South African Qualifications Authority as well as the National Qualifications Framework. We must have those issues presented there otherwise we would not know what types of qualifications are, at times, being offered to our citizens. And then we could find faulty qualifications or inferior presentations towards qualifications. So, that was a very real issue.
Another issue that the committee debated and had to deal with was that some of the members were concerned about the removal of the word "basic" from the title "basic education and training" resulting in the term "adult education and training". This could lead to adults who want a very basic education feeling that they would not be given the support they need.
However, it was clarified with the department that basic education for adults is addressed by the Kha Ri Gude Mass Literacy campaign, which is a function of the Basic Education Department. Therefore there is a co- operative environment between basic education and adults in the context of basic education, in addition to what the Minister has termed postliteracy education, which, to a larger degree, addresses the issue of skilling processes.
So, those were some of the issues that we had to deal with and debate. Generally, the process was followed properly. We also had a divergence of opinions, but through the portfolio and public hearing processes we were able to make certain amendments that strengthen the definitional changes, and not necessarily just pass it as is.
So, with that, we, as the portfolio committee, obviously want to present these three respective Bills for adoption by the Assembly. Thank you. [Applause.]
I just want to appeal to the members in that corner on my far left, they are still talking.
Xa sihleka asihleki ngathi sisemfuleni. [When we laugh, we shouldn't laugh anyhow.]
This is the National Assembly! You may continue, hon member.
House Chair, hon members, the legislative proposals before this House must be considered against the bigger picture of education and skills development in our country.
South African businesses say that they can't grow faster because job seekers lack the necessary skills. Their educational backgrounds are weak, and the private sector struggles to find the talent they need just to survive.
In a globally competitive environment, our education system makes it impossible for industries to thrive and prosper. We face an education crisis that has produced a comprehensive skills shortage, especially of intermediate and high-end skills.
In response to this, the government has created a system of 23 Sector Education and Training Authorities, called Setas, which are supposed to do the following things: to develop and implement a skills development plan for its sectors; to cater for the training of new entrants to the labour market; to be responsible for quality control; to pay out development grants; and, finally, to report to the Minister.
Supported by a 1% National Skills Development Levy on businesses earning more than R500 000 per year, Setas enjoy an annual operating budget of about R8,5 billion. But, after 10 years of the Seta system, we have an even less skilled workforce than when we started the system. So, the question is: What is the problem?
First of all, Setas rely on bureaucrats, rather than employers to identify the skills that businesses need, resulting in training structures that are unresponsive to the ever-changing environment of the market.
Secondly, many Setas are wasteful, inefficient bureaucracies that work better at dispensing patronage than encouraging skills.
Thirdly, many are characterised by spectacular financial mismanagement, as budgets are routinely underspent or siphoned off in irregular expenditures.
Fourthly, small businesses find the required paperwork onerous, and therefore opt out of the system because it wastes their time.
Most importantly, Setas fail to empower learners, as many do not complete their training courses. They require remedial education that the training does not always address. As a result, businesses have to retrain employees anyway.
So, what is the answer to our skills shortage? We propose that we scrap most of the Setas, save for some very good performers, and rather focus on our neglected Further Education and Training colleges, the FET colleges. By connecting them with learners and private industries, these institutions can respond meaningfully to employers and to the needs of learners.
Currently, South Africa's 50 FET colleges enrol an estimated 125 000 students, and I must point out that there is no agreement on the number of students, because there is no mathematical formula developed yet to arrive at a notion of a full-time equivalent student. So this means 125 000 students out of an eligible 2,8 million unemployed young people, between the ages of 18 and 24!
And I want to say that we get stuck on the numbers, but the magnitude of wastage is captured in this notion of 2,8 million unemployed, breathing South Africans who are struggling to find purpose in life by virtue of the system. So, what we need is about 1,5 million of these young people attending FET colleges - and we agree across all parties that it must be so - so that they can enhance their otherwise weak educational legacies.
These institutions, FET colleges, serve three purposes - very important ones: to give students a second chance to complete matric - particularly those referred to as "dropouts", which I don't think is a very good word to use; to give theoretical training to students who need to complete apprenticeships required by employers; and, thirdly, to offer postschool qualifications, certification and training through specialised courses.
This year, our government has committed R3,7 billion for FET colleges, but as we know, it is not nearly enough. We need to triple the amount and direct more of our unskilled young people to them. If FET colleges received the same commitment such as Setas and the underspent National Skills Fund, they could deliver mass skills training in a much more substantial way than our current system does.
One reason why FET colleges have thus far had spotty records as training institutions is because they are accountable to Setas, rather than to the industry. By working with industries directly, they could make sure that their training measures are suitable for the outcomes that learners and businesses require.
Businesses are best positioned to understand industry trends. By working hand in glove with FET colleges, they can achieve their goals more effectively.
In cases where FET colleges do not offer appropriate training, businesses should be incentivised to develop in-house or industry-wide training programmes. They could do this alone, or in conjunction with other industry actors, at a common training facility.
The government's role is to act as a facilitator, not the controlling agent. We should establish an independent national human resource development commission to advise us on best practices and policies. Beyond that, we need to do our part in creating outstanding FET colleges so that learners and businesses can benefit from them.
With this in mind, the DA supports the Skills Development Levies Amendment Bill, for it simply transfers the responsibility for skills development from the Labour Minister to the Higher Education and Training Minister. And please note this is a departure for the DA to support the skills levy.
Secondly, we support the Higher Education Laws Amendment Bill with the comment, which I would like to put across very strongly, that unless greater efficiencies are introduced in the speed with which the SA Qualifications Authority, SAQA, and the National Qualifications Framework operate, the Higher Education Laws Amendment Bill would be unenforceable.
Thirdly, after due consideration, the DA, however, does not support the Higher Education and Training Laws Amendment Bill, because it was never published in the Government Gazette for comment. Most of the important players in the Further Education and Training sector have not seen it.
Furthermore, the Bill creates management structures that make the provinces still responsible for the colleges, but where the Minister simply reserves the authority to direct these, prior to having the necessary changes made to Schedule 4 of the Constitution and to the Further Education and Training Colleges Act. We believe that this is a sleight of hand and should, as such, be opposed. Thank you very much. [Applause.]
Madam Speaker, hon Ministers, hon members, the three Bills before the House today are the product of submissions by the Department of Higher Education and Training. They are the product of robust interactions with relevant stakeholders and those concerned. They are the product of rigorous engagement and negotiations amongst us, as the members of the Portfolio Committee on Higher Education and Training.
As Cope, it is our understanding that the amendments proposed today are of a technical nature, whose primary purpose is to align the existing legislation to the new education dispensation that came about as a result of the former Department of Education splitting into the Departments of Basic Education, and Higher Education and Training, respectively.
We further understand the value of such amendments to be that of a facilitative and an enabling nature, so that the department can get down to doing its work. It is after such value has been unlocked through the passing of these amendments that we will demand accountability. That will be the point at which we'll go into more in-depth discussions.
I must admit, however, Minister, that the amendments do carry within them temptations and inferences of a policy nature. This is something that I will resist to engage right now, in the light of my understanding of what today is about. Suffice it to say that we, as Cope, are looking forward to that time when you, Minister, realise a more integrated postschooling system, established through a similar process with policies.
The amendment of these Acts seems an opportune time to create space for such a process to occur. Cope therefore supports the Bills. Thank you. [Applause.]
Thank you, hon Member. Hon G S Radebe. I am informed that the hon member is making his maiden speech. [Applause.]
Chairperson, hon Ministers, Deputy Ministers, hon members, distinguished guests, we say thanks for all the submission made by the different institutions, organisations and individuals. They show a commitment to education and the developmental state.
Chairperson, we are fortunate to be debating this very important legislation today in a month where we honour one of the revolutionaries, Comrade Steve Biko. He was clear about the importance of education and its role in liberating the minds of the oppressed. I have no doubt that if he was still alive he would be in the forefront of pushing for this legislation to advance the interests of the young people of South Africa.
Sihlalo, ngitsandza kutsi ngiphakamise tibongo ngalendzima lengaka leseyentiwe Litiko Letemfundvo Lephakeme Nekuceceshwa kwemakhono. Loku kusikhombisa kutsi sinendzima lenkhulu lekumele siyidlale kulommango wakitsi. Sihalalisela Nendvuna Nzimande ngemsebenti wakhe lawentile ekuphatseni lelitiko. Phela kusungula litiko ulisuse phansi ngumsebenti lomkhulu kakhulu lekumele natsi simsekele kuze akwati kuphumelela.
Ngiko nje sibonga nakuMengameli Zuma ngekutsi ehlukanise lamatiko abe mabili. Kuyabonakala kutsi loku abekwentela kutsi engete emandla Etindvuna kuze tikwati kubeka temfundvo embili. (Translation of Siswati paragraphs follows.)
[Chairperson, I would like to express a word of gratitude to the Department of Higher Education and Training for the role it has played. This serves as an indication that we have a greater role to play in our community. We also congratulate Minister Nzimande for his work in heading this department. To establish a department from scratch, is an enormous task that requires from us to support him in order for him to succeed.
That is the reason why we also want to thank President Zuma for dividing this department into two. It is obvious that he did this in order to empower Ministers to prioritise education.]
The technical legislative amendment proves that the Department of Higher Education and Training is really taking a step forward as a new department.
Chairperson, considering the public hearing, we still have a long way to go in interacting with our community to ensure that communities are more engaged around the issues of higher education.
As we received the submissions, we found that other institutions provide relevant educational services, but were not aligning their services with the South African Qualifications Authority. Other institutions feel excluded as they have tried many times to register with the South African Qualification Authority and could not meet the minimum requirement standards.
This shows that it is highly important that all institutions should align themselves with the Department of Higher Education and Training policies as there will be no special amendment for one individual, or any other private provider. The Department of Higher Education and Training, however, should create an environment that will suit everybody who meets the minimum requirements.
The suggestion that the amendment to the Act may have the effect of isolating South African higher education from the rest of the world, and that the amendments unreasonably impact on the relationships between local and international providers of higher education to the detriment of South Africans, cannot be correct and shows the bias of certain individuals who have got their self-interest in mind.
We cannot make Bills that will suit certain individuals, private providers or international institutions. We must provide Bills that would be able to respond to our economical needs. All those who want to participate must do so within the terms and conditions of the Department of Higher Education and Training. We cannot allow colonisers to continue colonising us in our own freedom. We are free and not "dom"! [Applause.]
Hon Chairperson, it is true that unregistered institutions under the Companies Act, Act 61 of 1973, are problematic. The Department of Higher Education and Training should strengthen its monitoring tools to avoid corrupt activities.
Phela bafundzi, Ndvuna, betama ngawo onkhe emandla kutsi etikhatsini letinyenti bahambe bayewubhalisa etikhungweni letiphakeme. Kodvwa inkinga labahlangana nayo ngulokutsi batfola tikhungo letingakabhaliswa ngalokusemtsetfweni. Loko kwenta kutsi bafundzi batikhandze sebalahlekelwe timali tabo kanye nesikhatsi sabo. Ngiko nje siphakamisa lendlela yekutsi litiko lakho kufanele libuke indlela lencono yekutsi kubukelwe bafundzi kuze bangatikhandzi sebasetinkingeni. (Translation of Siswati paragraph follows.)
[Indeed, Minister, learners try by all means to go and register at institutions of higher learning most of the times. However, the problem that they encounter at these institutions is that such institutions are not legally registered. This causes learners to loose their money and time. That is the reason we propose that your department finds a better way to cater for the learners in order for them not to find themselves in such problems.]
The submission by the Independent Institute of Education, IIE; Adult Learning Network, ALN; and Teaching English to Speakers of Other Languages, Tesol, confirms our understanding that the amendments are indeed long overdue. Umalusi even emphasised the importance of the effort to create coherence in the Adult and Further Education and Training systems.
It is that understanding that made Umalusi anticipate that this newly created stability will reflect in the adult education success rate in future. We hope that the Green Paper will also reflect on these matters and be able to respond to your promises, Minister.
It is because of that understanding that the ANC, as the ruling party, decided to prioritise education as the key to transforming economic growth in our country. We must also take note that all that is happening now is the result of the apartheid regime that continued to emphasise that we must have Bantu Education, which oppressed us. The ANC is prepared and is going to ensure that it addresses the imbalances of the past. It is very important that hon James must understand that Setas are the answer to the skills shortages in our country. [Interjections.]
Again, it is very important that people should be able to use their conscience in using public funds. I would have liked hon Zille to have diverted R2 million to improving the shortage of skills and promoting skills development within our country.
It is very unfortunate that the opposition, like the DA, could come here today pretending not to support the Higher Education Laws Amendment Bill, whereas when we were at the hearing they gave the view that they supported all these Bills. Today they pretend to have a platform from which to speak lies. It is very much unfortunate that they supported all these Bills, but today they come and differ with all these Bills. [Interjection.]
Order! Hon member, there is a point of order.
Chairperson, on a point of order, the hon member at the podium said that the DA speaks lies and that certainly is unparliamentary.
Hon member, can you withdraw the word "lies". It is unparliamentary.
I withdraw, Chairperson.
Thank you. [Interjections.] You can sit down, hon member.
Madam Chairperson, on another point of order: I think that the hon member should understand that when he makes his maiden speech, it should not be provocative. [Interjections.] In fact, it should be quite nice. [Interjections.]
Order! Hon Ellis, please take your seat.
Chairperson, on a point of order, is it parliamentary for a member who has a habit of calling others liars to then protest when this thing is returned to him?
Hon Minister, the member withdrew that yesterday, and also the hon member who was requested to withdraw has done so. Continue, hon member.
Chairperson, on a point of order, does the Rule not limit the number of points of order that a member can make?
Hon Turok, in fact, you are out of order. [Laughter.] Continue, hon member.
Chairperson, I just want to state that the Portfolio Committee on Higher Education made all the support possible to ensure that the system of education becomes a success in this country. We should not come here and take a political stance by claiming that we don't support anything and yet we do support it. It is very important to make it clear that the skills summit also made sure that it is going to address some of the imbalances of the past.
Hon Minister, as the portfolio committee we want to guarantee that we will support you in ensuring that you prioritise the issues of education. On that note, Chairperson, thank you very much. [Applause.]
Sihlalo ohloniphekileyo. [Hon Chairperson.]
I just want to give the hon Minister the assurance that the IFP does support these three pieces of legislation. [Applause.] The functions that you are expected to perform are old and well known. They are skills development, FET colleges, and the National Student Financial Aid Scheme,