Chairperson, a few months ago, in reply to a series of questions about violence in our schools, the Minister of Education said that many of the incidents of violence in schools stemmed from drug-taking by learners on school premises. She then indicated that random testing of learners for drugs and seizure of drugs and dangerous weapons had become unavoidable options in order to stop this scourge of violence in our schools.
Even though there were regulations in place for safety measures at schools, these did not adequately address the mischief they were designed to remedy, that is to stop the proliferation of dangerous objects and illegal drugs at schools. It had therefore become necessary to strengthen these regulations by way of allowing random searches and seizures and drug testing at schools.
The new regulations provide clear guidelines about circumstances under which searches and drug-taking should be conducted. It is important to emphasise that a random search of any learner may only be instituted if a fair and reasonable suspicion exists that such a learner may be in possession of a drug or a dangerous weapon.
The Education Laws Amendment Bill also explicitly deals with areas of omission from previous pieces of legislation. The South African Schools Act, for example, expressly lists the functions and obligations of the school governing body, but fails to do so in the case of the principal. To remedy this shortcoming, the Education Laws Amendment Bill clearly spells out the functions and responsibilities of the principal of a public school. This is intended to create legal certainty regarding the functions and responsibilities of the principal vis--vis those of the governing body.
The Bill also makes it clear that the principal is officially representing the head of department when he or she is acting as a member of the governing body. There is nothing sinister in this amendment. In fact, it clears up a grey area in which the principal was often caught in the crossfire between school governing bodies and the department, with his or her loyalty being held to ransom.
The principal is the chief executive officer at the school and the demand of the Bill that a principal may not operate in conflict with the instructions of the head of department is entirely in line with the good order and discipline required of school governance. The principal can give evidence on behalf of a school governing body if he or she is not required by the employer to give evidence on his or her behalf. Thus, the aim is merely to give the employer a first preference and not to ban the principal from giving evidence. The principal is also allowed to give evidence on his behalf or on behalf of any other person. There is therefore no question of unconstitutionality if that is suggested.
Voorsitter, die opposisie van die DA teen 'n aantal klousules sowel as teen die Wysigingswetsontwerp op Onderwyswette self kom as geen verrassing nie. Die DA het vanuit die staanspoor van hul bestaan hier in die Parlement te kenne gegee dat hulle nie daarin belangstel dat apartheidsonderwys omvorm na 'n demokratiese en nie-rassige onderwyssisteem nie.
Agb Van der Walt argumenteer dat meer pogings aangewend moes word om ooreenstemming te kry binne-in die portefeuljekomitee, maar met die hantering van hierdie wetsontwerp binne die onderwys portefeuljekomitee het agb Van der Walt haarself nie eers die moeite geverg om die teenvoorstelle van die DA op die tafel te plaas nie.
Dit was duidelik aan haar houding dat wat immers die debatvoering en die uiteindelike uitkoms van die portefeuljekomiteeproses betref, die DA reeds toe-o besluit dat hulle teen die wetsontwerp sou stem. Sy het haar dus nie eers verwerdig om in interaksie te gaan met die prosesse waardeur enige parlementre portefeuljekomitee verplig is om te gaan nie. Daardeur het sy 'n bespotting gemaak van die demokratiese prosesse van besluitneming van hierdie parlement en kom haar party, die DA, maar weereens vandag vorendag met sy tradisionele vooroodeel teen die demokratiese omvorming van ons onderwyssisteem.
Die DA probeer eintlik hierdie parlement oor die jare reeds gyselaar hou met betrekking tot wetgewing in die onderwys. Indien ouerbeheerliggame nie maksimaal in beheer is van skole nie, gaan die DA nie vir so 'n wetsontwerp stem nie. Hulle stel hoegenaamd nie belang in die oorhoofse bestuur en goeie orde relings van die onderwysdepartement nie. Dis al manier waarop hulle glo hulle die transformatiewe aspekte van die onderwyswetgewing kan omseil. (Translation of Afrikaans paragraphs follows.)
[Chairperson, the DA's opposition to a number of clauses as well as the Education Law Amendment Bill comes as no surprise. Since the DA came into existence here in Parliament they have intimated that they are not interested in apartheid education being transformed into a democratic and nonracial system of education.
Hon Van der Walt argues that more attempts should have been made to reach agreement within the portfolio committee, but when this Bill was dealt with in the portfolio committee the hon Van der Walt did not even bother to make the effort to table the counter proposals of the DA.
It was clear from her attitude, with regard to the debates and the eventual outcome of the portfolio committee process, that the DA had blindly decided that they would vote against the Bill. She did not even condescend to engage with the processes through which any parliamentary portfolio committee is obliged to go. She therefore made a mockery of the democratic processes of decision making of this Parliament and her party, the DA, has today, once again come up with its traditional prejudice against the democratic transformation of our system of education.
Over the years the DA has actually tried to hold this Parliament hostage with regard to legislation pertaining to education. If parent governing bodies are not in maximum control of schools, the DA will not vote for such a Bill. They are not at all interested in the overall management and arrangements for good order of the education department. This is the only way they believe they can circumvent the transformative aspects of the education legislation.]
As far as the National Education and Training Council - the NETC - is concerned, it is clear that the Minister is attempting to break the paralysis that has characterised this body since its inception. The NETC, as it has been constructed, has not met since its inception. At least the Minister is attempting to break that log jam. As far as the allegations regarding excluding trade union bodies are concerned, there is nothing in this legislation which says they will not be consulted.
The Education Laws Amendment Bill is a very important vehicle to effect the changes required in the existing legislation to effectively address the latest demands in education. The ANC urges this House to support this Bill and to continue the trend of transformation required for the effective overhaul of our education system. I thank you. [Applause.]