Mr Chairman, hon Minister Prof Asmal, hon special delegates and hon colleagues, I would like to recall an experience that I had during a short spell of teaching in Zambia some 30 years ago, when I used to do some adult teaching on a voluntary basis at the local mine school. I still recall vividly an old mineworker by the name of Mr Phiri who was taught the alphabet and how to write his name. It was the most wonderful moment when he discovered that he could write his name. His eyes filled with tears of joy and wonderment that he was able to do that. In fact, that moment of discovery is no different from the moment of discovery that people such as Jan Van Riebeeck, Columbus, Marco Polo, or even Neil Armstrong experienced.
One of the most pernicious pieces of legislation on the Statute Book during the Verwoerdian era was the Bantu Education Act of 1953, which not only set about to demean the value of education for the majority of South African children, but also sought to totally ignore adult literacy. Can anything be more criminal than denying fellow South Africans access to basic education and literacy? The Adult Basic Education and Training Bill seeks to bring the curtain down on that kind of denial and denigration.
The hon the Minister, in his usual eloquent manner, has already alluded to the poverty, stagnation and hopelessness that such denial spawned. The right to basic education for all - men, women and children is - enshrined in the Constitution of the Republic of South Africa Act, Act 108 of 1996, in terms of section 29(1)(a).
The DP welcomes the proposals for a new Adult Basic Education and Training system, namely to provide for the establishment, governance and funding of public adult learning centres; to provide for registration of private adult learning centres; and the proposal for a new Adult Basic Education and Training qualification within the National Qualifications Framework, a new curriculum, a new quality assurance framework and mechanism, and the monitoring and evaluation of the adult education and training system.
The great French philosopher Voltaire said, and I quote: ``To know what is right and fear to do it is cowardice.'' The provision of optimal opportunity for adult learning and literacy, especially for those marginalised in the past, the disabled and disadvantaged, is most welcome. It is absolutely right and proper to ensure that no one among our fathers and mothers, brothers and sisters who was denied access to learning and literacy before, is denied it any more. The opportunities strengthen the sinews of democracy and the cause of fundamental human rights is enhanced. The DP wholeheartedly supports this Bill.
The Education Laws Amendment Bill seeks to amend the South African Qualifications Authority Act of 1995, the South African Schools Act of 1996, the Employment of Educators Act of 1998 and the Further Education and Training Act of 1998. The effect of these amendments will be, firstly, to increase representation of trade union members in the South African Qualification Authority Act of 1995 from two to three members, and the Minister has already mentioned how important it is to work closely with the trade union sector; secondly, to make provision for public schools on private property by enabling the MEC to expropriate property in order to expedite such provisions; thirdly, to make room for interim governance of a new public school until a properly constituted school governing body is formed, and, fourthly, to empower the head of department to employ educators in cases in which a student governing body is not yet in place.
The DP welcomes these measures, especially the counselling and rehabilitation programmes for the educator. Among the disciplinary codes envisaged, an employer may suspend an educator immediately without any hearing for a period of seven days with full pay. I welcome the Minister's assurance that the long delays that have characterised previous hearings will not be part of the scenario any more. A tribunal is no longer necessary to conduct a disciplinary hearing.
The DP also supports the proposed amendment to the Further Education and Training Act so as to allow public further education and training institutions to promote public adult learning centres. I take great pleasure, on behalf of the DP, in supporting the Bill. [Time expired.] [Applause.]
Mr K PANDAY (KwaZulu-Natal): Mr Chairman, greetings to your good self, the hon the Minister and all hon members. We must place on record the excellent role of the chairman, Mr Kgware, and the manner in which he conducted the various briefings on the two Bills that are being debated here today. As my colleague Mr Gabela has stated, our province of KwaZulu-Natal supports the Adult Basic Education and Training Bill. Some other points that I wish to make here today have already been made, hence I will not repeat those.
However, there have been two concerns which I will refer to as I proceed. One of the concerns was in clause 8(1) of the Abet Bill. Although Adv Boshoff gave us an explanation, we were not fully satisfied. Reference to section 21(1)(d) of the South African Schools Act of 1996 is not applicable to this clause. The motivation was that section 21(1)(d) of the South African Schools Act of 1996 reads: ``to pay for services to the school.'' Members of the education portfolio committee of my province contend that this subsection does not contemplate a public centre.
Clause 8(1) of this Bill reads as follows, and I quote: ``Every public centre must establish a governing body, except a public centre contemplated in section 21((1)(d) of the South African Schools Act, 1996.'' The committee therefore felt that there was no link between these two provisions. We do hope that the hon the Minister will be able to assist us in clearing up the confusion. Does the error lie with us, or is it otherwise?
KwaZulu-Natal is very unhappy with clause 34(b) of chapter 6. I am not too certain whether the chairperson alluded to this particular clause in his speech a little earlier on. However, in terms of the clause an annual report on the quality of basic education and training must be made to the Minister by the head of the department in respect of the relevant province. Protocol is not being followed. Regarding the Ministers of education of the respective provinces or MECs, as they are called, their role is diminished and, to a large extent, bypassed. The correct procedure should have been communication between the national Minister of Education and the MECs, and no one should be allowed to report to the hon the national Minister of Education other than the MEC of the respective province.
The KwaZulu-Natal province has great pleasure in supporting also the Education Laws Amendment Bill as tabled. Our members have had no problems with the suggested amendment of the increase of trade union representatives from two to three. Unions play an important role in ensuring that employees' interests are fully taken care of, hence the increase from two to three is welcome.
Section 6 of the Employment of Educators Act of 1998 is an obvious inclusion. During the interim period between the new public schools commencement and the inauguration of a governing body, much chaos will reign if there is no body that will ensure the smooth running of the school. This Act allows for the head of department to take charge. The amendment empowers the head of department to employ educators where there is no governing body or a council constituted in terms of the relevant Acts.
Without educators, no learning will take place, and without learning, schools become irrelevant or redundant. KwaZulu-Natal supports the spirit of the new section 17 of the Employment of Educators Act of 1998.
The intended amendment proposes the dismissal of educators for serious misconduct. If an educator is found guilty of, amongst other offences, seriously assaulting, with the intention of causing grievous bodily harm, a learner or a student, he or she must be removed from his or her office. Corporal punishment is a thing of the past. It is now history. This form of punishment must never be used again.
What we have to do is to find other ways and means of punishing insolent and badly behaved children. Some of the suggestions made, especially by the hon the Minister of Education, must form the basis upon which we can build a code of conduct, which our children will have to respect and follow. [Applause.]