Chairperson, on 10 May 2009 President Zuma announced that in pursuance of quality education for all and skills development in the country, the national Department of Education would be split into two ministries. The Ministry of Basic Education would focus on primary and secondary school education, as well as the Kha Ri Gude Literacy Programme, while the Ministry of Higher Education and Training would be responsible for tertiary education, technical and vocational training, and Adult Education and Training.
The Basic Education Laws Amendment Bill was published for public comment in the Government Gazette on 9 December 2009 and presented to the Cabinet on 27 July 2010. It sought to effect amendments to the following five Acts affecting basic education: the National Education Policy Act of 1996; the South African Schools Act of 1996; the Employment of Educators Act of 1998; the South African Council for Educators Act of 2000; and the General and Further Education and Training Quality Assurance Act of 2001.
The creation of the new Department of Basic Education has necessitated a redefinition and deletion of certain words and expressions that occur in the National Education Policy Act. The Bill proposes, for example, the deletion of the definition of "student" and the replacement of the word "student" in sections 3 and 4 of the National Education Policy Act with the word "learner". A number of key amendments to the South African Schools Act were also made. These amendments included inserting a new definition of the word "loan", which means any financial obligation based on agreement, which obligation renders a school liable for making payment, in one or more instalments, in favour of any person, but does not include the payment of staff appointed by the government in terms of section 20(4) or (5).
The definition of "parent" now includes biological, legal or adoptive parents.
In terms of the new amendment to section 5 of the Act, the Minister of Basic Education must first consult the Minister of Finance before prescribing a regulation on minimum norms and standards for school infrastructure.
A new section, namely section 6B, is inserted to ensure that a governing body guards against unfair discrimination in respect of the official languages that are offered as subject options in the curriculum.
The amendment proposed to section 12 of the Act is aimed at introducing a new category of public school, namely a public school that provides education with a specialised focus on talent, for example sports, performing arts or creative arts.
In addition, the amendment to section 6A of the South African Schools Act gives a principal greater accountability in respect of advising the governing body on financial matters and stipulates that he or she should participate on both the executive and the financial committees.
The Bill also inserts section 33A of the Act, which prohibits party- political activities during school time.
The amendment to section 39 of the Act also empowers the member of the executive council of the province responsible for education to identify additional schools within a province that may not charge school fees but do not appear on the list of schools published by the Minister of Basic Education.
Amendments were also made to the Employment of Educators Act, Act 76 of 1998. The amending Bill proposes changes to a number of definitions as a result of the split of the Department of Education into the Department of Basic Education and Department of Higher Education and Training. For instance, "Department of Education" is replaced by "Department of Basic Education"; and "Adult Basic Education and Training" is replaced by "Adult Education and Training".
An amendment to the South African Council for Educators Act ensures that the South African Council for Educators promotes in-service training of educators at the request of their employers upon the payment of an agreed fee by the employers of the educators concerned.
The proposed amendment of section 1 of the General and Further Education and Training Quality Assurance Act draws a distinction between institutions administered by the Department of Higher Education and Training and those administered by the Department of Basic Education.
At the meeting of the Select Committee on Education and Recreation the following further amendments were agreed to: On page four, line 18, after "learner", the words "within 14 days of the date on which the appeal was upheld" were inserted.
On page seven from line 29, paragraph (iv) was omitted and substituted by "must manage a system for the promotion of the continuing professional development of all educators".
On page seven from line 35, paragraph 8(a) was omitted and substituted by the words "money appropriated by Parliament".
The memorandum on the objects of the amending Bill was also amended on page 10, paragraphs 2.4.2 and 2.4.3.
The following subsequent amendment to the long title necessitated by the amendment to clause 20 required the reconvening of the select committee for its consideration and formal adoption. This amendment necessitated the omission of bullet 4 on p2 two of the Bill and substituting it with "the South African Council for Educators Act of 2000" so as to amend certain definitions and to empower the council to manage the system of the promotion and continuing professional teacher development of all educators and to provide the council with funding from money appropriated by Parliament.
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.