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.]