Adult Education and Training and TVET Colleges function shift/migration: progress reports by DHET & North West, Northern Cape and Mpumalanga Provincial Departments of Education

Meeting report

Chairperson's opening remarks
The Chairperson noted the apology from a representative from the Department of Higher Education and Training (DHET) for the absence of the Minister and Deputy Minister, who were attending a Cabinet meeting.

The Chairperson noted that although a delegation from the Mpumulanga Provincial Department of Education was expected to be present, there were no representatives and no apology had been received.

Adult Education and Training function migration to Technical & Vocational Education and Training Colleges: Department of Higher Education and Training (DHET) briefing
Mr Gwebinkundla Qonde, Director-General, Department of Higher Education and Training noted that the Department of Higher Education and Training (DHET) would be unable to report absolutely fully on the progress of migration of the Adult Education and Training (AET) function to the new Technical & Vocational Education and Training Colleges (TVETs) as the DHET had not been able to ascertain sufficient details from the provincial departments about the resource allocations. He mentioned that the money allocated by the DHET was not sufficient for the progress of various provincial budgets, and more discussion was still required with the National Treasury (NT) in order to secure these funds.

Mr Firoz Patel, Deputy Director General, DHET, said that his presentation would outline the key milestones in the process of transferring the functions and the progress in relation to legal, finance, human resource, staffing issues, as well as various challenges and risks and the implementation approach.

He noted that the Further Education and Training Colleges Act 2012 had removed references to provincial authorities, assigned functions previously assigned to the MEC to the Minister in the Department of Higher Education and Training, and covered appointment and re-appointment of staff. In future, there would be a focus, through the Act, on nine regional offices, 50 Technical and Vocational Education and Training colleges (TVETs) with 264 campuses throughout the country and nine Community Education Colleges (CETs) with 3   150 community learning centres. The Act would effectively transfer the TVET and AET function to the Department of Higher Education and Training. The implementation protocols had been signed by all provincial Heads of Department (HODs), between 2012 and 2013. All legal milestones had been met with an exception of the signing-off of the TVETs protocol annexures. All financial milestones had been met, with an exception of funding norms still to be finalised for Community Colleges, which was still in progress.

The financial consultative process began in 2013, and the DHET informed the Technical Committee on Finance (TCF) in October. The TCF adopted a formula in which R391.659 million was allocated for the purpose of the functional shift. The decision of the TCF was to administer this process with Provincial Treasuries. The National Treasury had determined four points of focus in its funding allocation, of:
a) administration
b) further education and training
c) adult basic education and training
d) auxiliary and associated services.

In relation to Human Resources (HR), collective agreements for TVET college lecturers and support staff had been signed and ratified. The Minister of Higher Education and Training had approved the creation of 177 TVET units and 352 AET unit provincial posts.

Speaking to the Community Colleges Policy, Mr Patel noted that a draft national policy was gazetted for consultation. The Task Team on Community Colleges had been established to advise on the model and the piloting processes, as well as organise labour through the bargaining processes. 17 289 total staff were to be transferred. National Treasury would make the money available on 1 April 2015.

The main challenges with the function shift were the non-completion and signing-off of protocol annexures, which may have serious implications and consequences. Delays may be evident in the provincial transfers. Procurement could only happen once funds were transferred to DHET. The risks that were likely to occur included DHET’s capacity to run effective AET examinations, which would be constrained by the allocated budget. There could also  be possible delays in capturing and processing of payments and deductions.

Discussion
Ms J Kilian (ANC) said that the signing-off the annexures was a matter of concern, and this was a financial and administration issue which could be a burden to the budget of the Department. The legal concerns must be addressed. She asked what the financial implications would be. In relation to the cases where the HODs had not signed off, she wanted to know if this would be achieved by 1 April.

Prof B Bozzoli (DA)  asked for the rationale behind the colleges to be explained. She noted that there had been no explanation of the effect that this shifting would have on the students in the colleges, and this must be taken into account, given the possibility of student protests. It seemed that the DHET was trying to do a big job, without having the funds to do so. She thought that the mitigation strategies were weak, and more thought in general was needed on the whole issue. This function shift also meant that labour relations issues had been stalled, because of corruption challenges within the Department. She noted that the Committed had not seen the Community Colleges policy and this must be sent through as soon as possible so that the Committee could study and debate it.

Ms M Nkadimeng (ANC) asked what would happen to foreign appointments during the function shift.

Mr Y Cassim (DA) asked about the implications of the signing-off, were it not done before 1 April 2015, and questioned whether there was likely to be any litigation  on this matter. He wondered if sufficient measures were put in place to ensure accountability in this process. He pointed out that the TVETs must be able to function on their own, but despite this, they also must not be isolated. He noted that the DHET had apparently awarded three-month contracts to people to monitor various higher education institutions, but this had not been reflected on any reports, and he wanted to know who were those individuals and how they had been appointed.

Mr E Siwela (ANC) asked about the people appointed to TVETs, and whether they were qualified.

Ms S Mchunu (ANC) noted that she would like the Department to answer to the issues of non-compliance, and whether the DHET was going to pressurize the outstanding parties to submit their sign-off annexures. She furthermore wanted more detail on the the implications of the DHET taking over these institutions, and whether they had a long term financial plan for sustainability? She commended the DHET for its strategy on Community Colleges.

Mr S Mbatha (EFF) asked about the establishment of Community Colleges especially in rural communities, and wondered if this would be effective.

The Chairperson asked Mr Mbatha to ask only those questions that related to the administration concerns and not political matters.

Mr D Kekana (ANC) asked about the people who have not signed the protocol, saying that as a unitary state, the central government surely superceded all other sectors, who should comply. He asked how, in the Community Colleges, skills would be shared, wondered if these colleges would teach people how to run cooperatives and help to share income. He suggested that government building that were empty must be used for public purposes; it was worrying to see them standing unused.

Mr Qonde responded to the questions stating that the Members must look at the challenges in relation to the function shift, and not as the sector as a whole. This was a support system to effect good governance, and the discussions must be seen in context, and not in isolation of other strategies already in place for efficient teaching and learning. In respect to mitigation, the was a mobile response team with whom the DHET was working closely, taking its considerations and recommendations  seriously. The review of curriculum in TVET Colleges was ongoing. The DHET was also looking to further strengthen enrollment and positive outcomes, with production of knowledge as the key objective. He commented that the comment about individuals being contracted was not something that actually happened, and asked the Member if he could put this in context and clarify what was being referred to.

Mr Patel added that the funds that were available must be used wisely; and the Minister would have to report back to the President on the matters of Community Colleges and the function shift. The implication of protocol annexures not being signed was not of particular urgency, but any areas of concern would be notified. He confirmed that the budgets would indeed be verified before any distribution of funding occurred. No individual would suffer, because the DHET would ensure vigilance in the signing-off for the protocols. He pointed out that since the Constitution referred to separation of powers and inter-governmental issues, the measures in place were adequate and there would be guidelines on the functions and responsibilities.

Ms Lulama Mbobo, Deputy Director-General: Corporate Services, DHET, responded that there had been no leave of absence in the employed TVET staff. There were 400 cases reported in the Eastern Cape, but labour relations experts were appointed to assist in this regard, and all the cases would be finalised by 12 March 2016. She confirmed that any foreign educators would need a work permit and they would be assisted to get that. There were negotiations between DHET and the unions to ensure that the qualified staff members were appointed permanently. In the new financial year, there would be investigations done if any employees on the Department's payroll failed to submit leave forms.

Mr David Diale, Director:Adult Education, DHET, confirmed that there were meetings going on in the various existing institutions, to allow them to use spaces in other government buildings for Community Colleges. The gaps still persisting from the previous education system meant different programmes must be set up to cater for everyone.

Mr Qonde noted that the DHET had a very tight budget and thus was exploring a number of options to save money for the Department, and confirmed that there were negotiations ongoing around the use of empty buildings for Community Colleges and student accommodation, or use of the post-school system, and recommendations were being drafted to effectively use those spaces in consultation with other stakeholders.

Prof Bozzoli asked how many people were not being transferred because they were "ghost employees".

Mr Patel responded the issue of ghost employees would be addressed in this financial year.

Ms Mchunu asked  how the Western Cape transferred money to private institutions, and what the legal implications were.

Ms Mbobo responded that currently there were 557 employees that would not be transferred because of various reasons such as contract termination and retirement.

Mr Tshishonga (AGANG) mentioned that when there was no cooperation from various stakeholders then serious issues could arise.

The Chairperson stated that there were some principals in Tshwane who had been suspended, on full pay, for years due to pending matters and the DHET was at the same time having to pay for acting principals to do their work. This did not seem to indicate that the DHET was trying to save its money.

Ms Mbobo responded that the matter that she was referring to started as a disciplinary process with the Gauteng Provincial Education department. That principal had in the meantime moved to the DHET. The case would be finalised by April.

The Chairperson indicated that the protocol annexures must be carefully studied, because during the migration process, all assets must be transferred to the DHET, to avoid the possibility or any gaps opening up for corruption.

Department of Education and Sport Development, North West Province briefing
Dr Itumulang Molale, Head of Department, North West Province, Department of Education and Sports Development informed the Committee that there was not effective or positive communication between the DHET and its provincial departments of education. This remained a huge problem that would have to be addressed in order to ensure a smooth shift of functions.

Mr M Keetile, Chief Director, Human Resource Management, North West Provincial Department, informed the Committee that, as shown in the presentation, the verification of processes was in progress, the forms would be submitted by educators, contract forms were filled out, special files for each educators had been created and those filed would be taken to DHET for new capturing.

The challenges that were evident during this process were the under-qualification of educators, non-submission of some certificates, foreigners who sought to be employed without the required documents, which meant that there were about 146 AET tutors not appointed. A total of 932 TVET staff would be transferred to the DHET. The functional shift process had been completed in TVETs in Orbit and Taletso, whilst Vuselela was only 95% done.

Mr Omphile Motang, Director, North West Province, Department of Education and Sports Development ,stated that governance and management structures were put in place, and College councils were well functioning. Monitoring and reporting was done by the TVET Directorate and the colleges were audited as part of the Department’s annual report.

In terms of the legal issues, the protocol agreement between the national Department and the provincial department had been signed. However; the office accommodation in respect of provincial staff was still outstanding. The IT and Infrastructure Survey on software was done, and IT equipment was provided by the Department. In terms of assets and liabilities, all lists have been submitted.

Northern Cape  Department of Education briefing
Mr Robert Phillip, Acting Senior Manager, Department of Education, Northern Cape, said that his Department regarded the function shift as a positive step, as it would take the load off many officials who had needed to work extra hard in the past. The protocol agreements between the MEC and the Minister had been signed and implemented. The Northern Cape had two TVETs, with seven campuses and 124 public adult learning centres. There were 425 TVET staff members and 223 AET educators. All staff members were informed about the shift and were willing to be included in the hand-over. The total budget for the 2014/2015 financial year was R94.4 million and the budget for the following year was R100.1 million (5% increase)

Discussion
Prof Bozzoli mentioned that the provinces were not giving a balanced view on the protocols. She asked them to address specifically the question of why the annexures were not signed.

Mr Cassim commented that there was a problem of communication between the provincial and national department, and wanted to know more about that, pointing out that it was important for the problems to be outlined in a transparent way.

Ms Mchunu asked how the colleges employed foreign workers without the necessary documentation.

Ms Nkadimeng asked on the verification processes, pointing out that there was one month left to complete this and asking what would happen if it was not done.

Ms Kilian asked if the departments could comment on the educator’s certificates, and asked what had been the requirements, in the past, and whether these were not consistently applicable to all provinces.

Mr Molale responded that, given the complexity of the task, the staff had been doing the function shift whilst also attending to their core work.

Mr Keetile responded to the question of employing foreign nationals, and said that the main issue concerned work permits that had expired or been misplaced by the Department of Home Affairs. The issue of certificates meant that they had not been submitted, or that the certificates could not be found. He said that a lot of work was to be done in the verification completion.

Mr Phillip responded that he would go back to the Head of Department and ask him to deal with the issue of annexures and verifications immediately.

Mr Qonde said, in answer to the comment around the level of communications between departments, that decisions around function shifts were not only taken by the national Department, and that the provincial offices had been involved in the decision making processes also. 

Mr Tshishonga asked again about the employment of foreigners without necessary documents, saying that this was a serious matter that must be answered accordingly. He asked also what would happen to the people that pretended to have qualifications but did not present them.

Ms Kilian added to this, asking about the consequences of shifting of employment of tutors and lecturers, and whether their qualifications would be checked again as part of the shift.

Mr Kekana stated that the employment of foreigners in the education sector had presumably been in line with Home Affairs processes, but he asked why, in principal, foreign teachers were being employed.

Mr Mbatha noted that in order to avoid any resistance around the function shift in the rest of the officials in the education sector, there must be proper communication, with facts conveyed appropriately.

Mr Qonde stated that there was a lot of work that needed to be done and the budget for the servicing for adult education was not an easy process. The transfer of staff would make things easier and more efficient.

The Chairperson commended the preparedness and punctuality of the members and appreciated the presence of the delegation, as well as stressing the importance of working hard on these issues.

The meeting was adjourned.