Basic Education Laws Amendment Bill [B36-2010]: Formal Consideration & Adoption

Meeting report

Apologies were received from Ms C Dudley (Alt, ACDP), Mr N Kganyago (UDM), Mr A Mpontshane (IFP) and Ms F Mushwana (ANC).

Formal Consideration of Bill
The Motion of Desirability (Long Title) of the Bill was read out by the Chairperson. Mr W James (DA) moved to adopt the Long Title without amendments and was seconded by Mr K Dikobo (Alt, IFP).

Clause 1 was agreed to with amendments – to omit the definition of ‘education institution’ and to substitute ‘education institution means any [institution providing education, whether early childhood education, primary, secondary, further or higher education, other than a university or technikon, and also an institution providing specialized, vocational, adult, distance or community education] school contemplated in the South African Schools Act, 1996 (Act No. 84 of 1996);
 
Clauses 2–8 were agreed to with no amendments.

Clause 9 was agreed to with amendments - after ‘school’ to insert ‘contemplated in Chapter 4’ and to omit ‘any’ for ‘a finance’.

Clause 10 was agreed to with no amendments.

Clause 11 was agreed to with amendments – after ‘time’ to insert ‘determined by the governing body of the school in terms of section 20(1)(f)’ and to omit ‘determined by a governing body in terms of section 20(1)(f)’.

Clause 12 was agreed to with amendments - to omit paragraph (a) on page 6, from line 4 and to omit subsection (4) and to substitute: (4) (a) ‘A governing body may, with the approval of the Member of the Executive Council –
lease, burden, convert of alter immovable property of the school to provide for school activities or to supplement the school fund of that school; and
allow any person to conduct any business on school property to supplement the school fund.
(b) A governing body may not allow any activity on school property that is hazardous or disruptive to learners or prohibited by this Act.’

Clauses 13-18 were agreed to with no amendments.

Clause 19 agreed to with amendments – to omit subparagraph (iv) and to substitute: ‘must manage within its available resources the Continuing Professional Teacher Development system:

Clauses 20-22 were agreed to with no amendments.

Clause 23 was agreed to with the amendment – to omit ‘2010’ and to substitute ‘2011’

The Long Title was agreed to with amendments - from the 14^th line, to omit all the words following ‘time’ up to and including ‘fund’; and from the 24^th line, to omit all the words following the second ‘to’ up to and including ‘fee’ in the 25^th line and to substitute ‘manage within its available resources the Continuing Professional Teacher Development system.

Ms Gina moved to pass the Bill with amendments and was seconded by Mr Dikobo.

The Chairperson said that ‘The Portfolio Committee, having considered the subject of the Basic Education Laws Amendment Bill [B36-2010], National Assembly (section 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, supports the Bill with amendments.

Mr J Skosana (ANC) moved to adopt the Portfolio Committee report and was seconded by Mr C Moni (ANC).

The Chairperson thanked the DBE for its expert advice, proposals and guidance on the constitutionality of the Bill over the past weeks and Members for their commitment to the Committee. She also thanked the Committee Secretary, Mr Llewellyn Brown, for his professional conduct and contribution, as well as the very valuable input from Mr L Mahada, the researcher and Mr D Bandi the content advisor.

The meeting was djourned.