Education Laws Amendment Bill; Higher Education Amendment Bill: finalisation

Meeting report

EDUCATION AND RECREATION SELECT COMMITTEE
5 November 2002
EDUCATION LAWS AMENDMENT BILL; HIGHER EDUCATION AMENDMENT BILL: FINALISATION

Chairperson: Mr Kgware

Documents handed out
Higher Education Amendment Bill [B30B-2002]
Education Laws Amendment Bill [B31B - 2002]
Final mandates of the nine provinces (email [email protected])

Minutes Compiled by Ms Jillian Pillay (Committee Secretary)

Officials
The following persons were in attendance:
Mr T D Mseleku: Director-General: Department of Education.
Adv E Boshoff, Director: Legislation, Department of Education;
Ms C Booyse, State Law Adviser: Parliament;
Ms H Sangoni, State Law Adviser: Parliament;
Ms R Mosiane, State Law Adviser: Parliament.

The Chairperson welcomed members, departmental representatives and the State Law Advisers to the meeting.

Final consideration of Education Laws Amendment Bill [B 31B - 2002]
Refer to the final mandates of the provinces.
Kwazulu - Natal: Supports the Bill.
Eastern Cape: Supports the Bill without amendments that will alter the principle of the Bill.
Western Cape: Confers on the Western Cape's delegation in the NCOP a mandate to abstain from voting on the Bill.
Gauteng: Supports the Bill and was mandated to vote in favour of the Bill.
Northern Province: Supports the Bill and the NCOP delegates were instructed to vote in favour of the Bill.
Free State: Votes for the adoption of the Bill.
North - West: Mr Tlhagale indicated that the Provincial Standing Committee was meeting this morning and that a final mandate would be available this afternoon. The Chairperson indicated that the Committee is dealing with what has been received by the provinces this morning, as a decision has to be made on what has been received.
Mpumalanga: Mandated to vote in favour of the Bill.
Northern Cape: Supports the Bill and was mandated to vote in favour of the Bill.

The Committee proceeded to the consideration of the Education Laws Amendment Bill
[B 31B - 2000].

The Chairperson moved: That in the opinion of the Committee legislation is desirable to amend the South African Schools Act, 1996, to amend the Employment of Educators Act, 1998, to amend the Further Education and Training Act, 1998, to amend the Adult Basic Education and Training Act, 2000, to amend the General and Further Education and Training Quality Assurance Act, 2001 and to provide for matters connected therewith

Motion agreed to.

The Chairperson put clauses 1 - 32 to the Committee. Agreed to.

Education Laws Amendment Bill [B 31B - 2002] agreed to.

The Chairperson submitted a draft report, which was considered and adopted.

The report read as follows: The Select Committee on Education having considered the Education Laws Amendment Bill [B 31B - 2002], referred to it, reports the Bill without amendment.

Finalisation of the Higher Education Amendment Bill [B 30B - 2002]
Mr Kgware indicated that the Committee had been briefed on the Bill at the meeting of 18 October 2002, however the Department has indicated that a technical amendment needed to be introduced to maintain consistency in the Bill.

Adv Boshoff explained that a technical amendment had to be introduced as the Portfolio Committee on Education had amended Clause 5 dealing with mergers and had not made an amendment to subsection 8 of the Bill, which is a consequential amendment. He explained that it is necessary to introduce this amendment to maintain consistency in the Bill.

Ms Jacobus sought clarification if the amendment was agreed to by the Portfolio Committee and not included.

Adv Boshoff indicated that the Portfolio Committee had made amendments, but this consequential amendment has to be included in order to bring the two sections of the bill in line with each other. He added that the omission was an oversight.

Mr Tolo asked Adv Boshoff to explain the amendment.

Adv Boshoff explained that the Act reads that it should be four members, but the Portfolio Committee had amended it to read "a minimum of six members and a maximum of eight members". Subsection 8 of the Bill was not addressed even though it is also affected by the amendment made by the Portfolio Committee. With the new amendment it will be consistent.

Mr Tlhagale asked the State Law Advisers if the amendment is required and is legally sound?

Ms Sangoni indicated that the Office of the State Law Advisers was satisfied with the amendment and that it was necessary that it be included.

The Committee agreed to the inclusion of the amendment.

The Committee proceeded to the consideration of the Higher Education Amendment Bill [B 30B - 2002].

The Chairperson moved: That in the opinion of the Committee legislation is desirable to amend the Higher Education Act, 1997, and to provide for matters connected therewith.

Motion agreed to.

The Chairperson put clauses 1 - 4 to the Committee. Agreed to.

On clause 5,

The Chairperson moved: On page 5, after line 35, to insert:

(f) by the substitution for subsection (8) of the following subsection:

(8) The [four] members contemplated in subsection (7) (b) -

(a) must be appointed by the Minister from nominations
received from the public higher education institutions concerned; and

may not include any member of staff, or student, from the public higher education institutions concerned.

Proposed amendment agreed to.

The Chairperson put clauses 6 - 15 to the Committee. Agreed to.

Higher Education Amendment Bill [B 30 B - 2002] with proposed amendment agreed to.

The Chairperson submitted a draft report, which was considered and adopted.

The report read as follows: The Select Committee on Education having considered the Higher Education Amendment Bill [B 30B - 2002], referred to it, reports the Bill with a proposed amendment.

The Chairperson thanked the Department for assisting the Committee with these Bills and members for attending.


The Chairperson reminded members that:

The Education Laws Amendment Bill [B 31B - 2002] and the Higher Education
Amendment Bill [B30B - 2002] will be debated separately on 7 November 2002 in the Council.


The Committee adjourned at 09:50.

Present:
Eastern Cape
Mr T H Sogoni (alternate member)
Mr R Z Nogumla

Free State
Rev M Chabaku

Gauteng
Ms L Jacobus

Northern Cape
Mr D M Kgware (Chairperson)

North - West
Mr J O Tlhagale

Kwazulu-Natal
Mr N M Raju
Prof N Khubisa (Special Delegate)
Ms G N Swartbooi (Special Delegate)

Mpumalanga
Mr Tolo

Northern Province
Mrs P R Mashangoane (Visiting member)

Western Cape
Mr F Adams

Apologies were received from Mr J Horne and Ms C Nkuna.