Education Laws Amendment Bill: negotiating mandates

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Meeting report

Standing Committee on Education and Recreation (NCOP)

Standing Committee on Education and Recreation (NCOP)
11 November 2003
Education Laws Amendment Bill: Negotiating Mandates

Chairperson: Prof S Mayatula (ANC)

Documents handed out:
Education Laws Amendment Bill [B38B-2003]
Education Laws Amendment Bill (B38C- Draft of Latest Amendments)

Negotiating Mandates
Eastern Cape Legislature
Gauteng Legislature
Free State Legislature
KwaZulu-Natal Legislature
Mpumalanga Legislature
Limpopo Legislature
Western Cape Legislature
North West Legislature

SUMMARY
Mandates were presented to the Committee from all provinces, except the Northern Cape. Feedback featured more technical wording than substantive changes to the principles of the Bill. Amendments discussed would be taken back to the provinces for final mandates. The Committee hoped to finalise and adopt the Bill on 18 November 2003. The drafter, Advocate Boshoff, fielded comments and queries for the Department of Education, and suggested making a C version of the Bill available to the Committee shortly.

MINUTES

EDUCATION LAWS AMENDMENT Bill (B38B -2003)

Eastern Cape Legislature
The Bill had been accepted in principle. Some clarity was sought on Section 38A (6) about the use of "reasonable". The Department responded that this word had been chosen as it had been found to withstand legal scrutiny in courts.

Gauteng Legislature
In principle, the province accepted the Bill, but sought clarity on the procedures and processes mentioned in the amendments to the Educators Act 1998. Advocate Boshoff explained that these should not be viewed in isolation, but in view of the law and its implications.

Free State Legislature
The Free State Legislature also sought to understand the amendment to the Educators Act 1998 and received the same response.

KwaZulu-Natal Legislature
In principle, the province accepted the Bill. It expressed preference for the terms "must" and "despite", instead of "shall" and "notwithstanding" respectively.

The Department replied that these terms were employed in terms of the SAQA. They were also preferred for the sake of consistency so that similar documents contained the same terminology. The province accepted this explanation.

Mpumalanga Legislature
Proposed use of "or" instead of "and" at the end of Clause 34 (B). Provided that this amendment be included, the province accepted the Bill.

Adv Boshoff replied that this amendment would totally alter the intention of the clause, as the word "or" would prohibit use a combination of offences, making it obligatory to select only one to the exclusion of others.

Limpopo Legislature
Supported the Bill.

Western Cape Legislature
Supported the Bill without amendments.

North West Legislature
With regard to Section 38A 2/3, wanted to emphasise that applications be made in writing, as this was not done in the present Bill.

Adv Boshoff recommended this amendment to the Committee.

The meeting was adjourned.

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