Further Education and Training Colleges Amendment Bill [B13-2011] & Higher Education Laws Amendment Bill [B14-2011]: final consideration and adoption

Meeting report

Adoption of the Further Education and Training (FET) Colleges Amendment Bill [B13-2011]
The Committee met to consider the adoption of the Further Education and Training (FET) Colleges Amendment Bill [B13-2011] and Higher Education Laws Amendment Bill [B14-2011].

The aim of the first Amendment Bill was to amend the FET Colleges Act, 2006, so as to remove all references to provincial authority; to assign functions previously assigned to the Member of the Executive Council, to the Minister; to remove all references to “Head of Department” and replace them with “Director-General”; to regulate the conduct of members of the council and staff of a public FET college engaging in business with the relevant public college; to provide afresh for the appointment of staff; and to provide for transitional arrangements,.

At the outset, Mr A van der Westhuizen (DA) said that while there were certain clauses with which the DA agreed, it opposed the principle of transferring the responsibility for the FET Colleges to the national ministry. It was also opposed to the proposed changed employer/employee relationship, whereby the college council would no longer be the main employer of college employees, with this role being taken over by the National Department of Higher Education and Training.  The DA would oppose all those clauses where the MEC was replaced by the Minister of Higher Education and Training.

The Chairperson then asked Members to vote on the amendments, section by section.  These were all approved by the Committee, despite the DA representatives, Mr Van der Westhuizen and Dr J Kloppers-Lourens, recording their opposition to most of the sections and advising the Committee that the DA would probably oppose and debate the Bill in Parliament next week.  This was noted by the Chairperson.

Adoption of the Higher Education Laws Amendment Bill [B14-2011]
The provisions of the Higher Education Laws Amendment Bill were then considered.

The aim of the Bill was to amend the Higher Education Act,1997, so as to regulate the conduct of members of the council and staff of a public higher education institution engaging in business with the relevant public higher education institution; and to adjust the period within which an independent assessor appointed by the Minister must finalise an investigation; to amend the National Student Financial Aid Scheme (NSFAS) Act, 1999, so as to empower the Minister to intervene in the case of poor or non-performance or maladministration by the board of NSFAS; to provide for the dissolution of the board, as well as the procedure for such dissolution; to provide for the appointment of an administrator to temporarily take over the management, governance and administration of the board; and to repeal the provisions placing an obligation on the employer of a borrower to make deductions from the remuneration of the borrower.

During discussion, Dr Kloppers-Lourens expressed concern at the Minister’s power to dissolve the National Student Financial Aid Scheme (NSFAS) board and to appoint an administrator to take over, with the costs of such a step being for the account of the NSFAS.  The money in the Scheme was meant to finance students, and the costs should therefore be for the account of the Department.  The DA was also opposed to the total repeal of Section 23 of the NSFAS Act.

However, the majority of Members voted to approve all the clauses individually.

The meeting was adjourned.