Question 1(a)
Question 1(b)
Question 2
In terms of the NEEDU protocol, each site visited (including schools, districts, provinces and the national office) is given four to six weeks to comment on the NEEDU draft report before a report is finalised. This practice, which was followed before the 2012 and 2013 NEEDU Reports were finalised, will also be followed with regard to the 2015 Report. It is only after NEEDU has carefully considered all comments made by the Department that the report is finalised and submitted to the Ministry.
Upon receipt of the NEEDU Report, in line with the provision of section 7(1)(g) of the Regulations for the Establishment of the Office of Standards and Compliance for Basic Education (OSCBE), currently known as NEEDU, “the Minister may publish the report.” This provision empowers the Minister to publish NEEDU reports at her discretion.
Question 3
In 2012 the NEEDU Bill was gazetted for public comment. Comments from the public were received and changes were incorporated in the final draft. When, in 2013, the Department of Public Service and Administration advised NEEDU to abandon the Bill route in favour of establishing NEEDU as a “government component” called OSCBE, the NEEDU Bill was packaged into “Regulations for the establishment of OSCBE” without any changes. In other words, the Regulations for the establishment of OSCBE are not different from the final draft of the NEEDU Bill. In fact, the Regulations are nothing but euphemism for the already gazetted NEEDU Bill. Thus, the Regulations will not be gazetted for public comment for the second time.
Question 4
As with any legislation, the Regulations for the Establishment of OSCBE contain both peremptory and directory provisions. Giving the Minister the authority to use her discretion whether or not to make NEEDU reports public, as contemplated in Section 7(1)(g) in the Regulations for the Establishment of OSCBE, is one of the few directory provisions contained in the Regulations. Directory provisions are used in various pieces of legislation and policies and are not unique to the Regulations for the Establishment of OSCBE.