Agb Voorsitter, kollegas ... [Hon Chairperson, colleagues ...]
... the intention behind several aspects of the Bill we are voting on today, including the provision for random drug testing in schools and plans to make nonperforming schools more accountable, is most welcome and supported. While the DA is not convinced that the specific proposals made will be practical, they do at least take some steps towards tackling the drugs crisis that traps so many learners and the thousands of completely dysfunctional schools that fail many more.
Daar is meriete daarin om minimum standaarde vir skole toe te pas, maar ons wil nie h dat hierdie standaarde die maatstaf moet word vir wat as 'n kwaliteitskool gesien moet word nie. Daar is altyd 'n risiko dat minimum standaarde mettertyd as maksimum standaarde beskou sal word. As 'n mens in gedagte hou wat prakties bereikbaar is in terme van 'n minimum standaard vir alle skole, sal dit die maatstaf baie laag plaas. (Translation of Afrikaans paragraph follows.)
[There is merit in imposing minimum standards on schools, but we do not want these standards to become the criterion for what is to be regarded as a high-quality school. There is always a risk that minimum standards may, over time, be seen as maximum standards. If one bears in mind what can be achieved in practice in terms of a minimum standard for all schools, the yardstick used will be very low.]
It is unfortunate, however, that there are two aspects of this Bill that the DA cannot support and that therefore make any discussion of the remainder of the Bill irrelevant. During the public hearings on the Bill, the Portfolio Committee on Education heard organisation after organisation objecting to two aspects in particular.
These two aspects were, firstly, the removal of the obligation on the Minister of Education to consult when making policy with those who are at the coal face of education; and, secondly, the insertion of a clause prohibiting a school principal from testifying against the state. These organisations raised cogent arguments against the first of these provisions, saying that it constituted a power grab on the part of the Minister, placing her on a pedestal out of reach of any accountability to the interest groups involved in education.
They objected to the fact that the Minister would no longer be obliged to constitute the National Education and Training Council, even though other legislation does require her to do this. It is a requirement that has now been ignored for 11 years. They also objected to the fact that she will no longer be required to consult with this body, even if it is ever constituted.
In respect of the other aspect of this Bill relating to the right of principals to testify against the state, it has been pointed out that this not only violates the principal's right to equality before the law and freedom of speech, but also the rights of others to have disputes resolved fairly. Any step taken to advance one particular employee over another would never be accepted in terms of labour law and is very likely unconstitutional.
Die wetlike en filosofiese teenkanting teen hierdie wetsontwerp is grotendeels gegnoreer of ontken. Terwyl die komitee 'n hele reeks tegniese aanpassings gedebateer het, het hierdie wysigings die substansile aangeleenthede heeltemal gegnoreer. Met ander woorde, die proses van openbare deelname was 'n klug. Die Minister het geweet wat sy wil h en die komitee was gehoorsaam. (Translation of Afrikaans paragraph follows.)
[The legal and philosophical opposition to this Bill was largely ignored or denied. Whereas the committee debated a whole series of technical alterations, these amendments totally ignored the substantial matters. In other words, the public participation process was a farce. The Minister knew what she wanted, and the committee obliged.]
Whatever may happen in Parliament today, however, it has become clear over the past weeks that various aspects of this legislation are in contravention of already entrenched education laws and, in all likelihood, the Constitution. It is unfortunate that more effort was not made to resolve these problems before bringing this Bill to Parliament, because it will only make the process of resolving the problems more complicated and acrimonious. The DA will not support this Bill. Thank you. [Applause.]