South African Council for Educators Bill: voting

Meeting Summary

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Meeting report


5 June 2000

Documents handed out
Final Voting Mandates
Amendments to South African Council for Educators Bill [see Appendix]
South African Council For Educators Bill

Chairperson: Mr D Kgware

All the provinces voted in support of the South African Educators Bill as amended. The report of the Committee on the Bill would be tabled at the NCOP plenary on 8 June 2000.

The Chairperson said there were written final voting mandates from the following provinces: Gauteng, Free State, Western Cape, Eastern Cape, KwaZulu-Natal, Mpumalanga, Northern Cape,

Advocate E Boshoff, Head: Legal Services in the Department of Education, said a document distributed to the members contained amendments as discussed in the meeting on 24 May 2000. He said he had consulted with the State Law Advisor and these are certified amendments as discussed.

The Chairperson asked if members had any questions on the Bill or further amendments.

Mr P Qokweni (UDM) said the unions had argued that the Public Finance Management Act (PMFA) does not apply to SACE; what is the argument for application of the Act to SACE?

Adv Boshoff said the issue had come up in several debates with the unions and they had raised it at the public hearings. SACE is a statutory body which raises levies from people who register as members. Besides falling squarely into the definition of a public entity in terms of the PMFA, the Department of State Expenditure is in the process of listing SACE as a public entity. In any event its exclusion was merely historical. He pointed out that it is a misunderstanding to say the Minister controls the budget of SACE; the Minister only approves the budget. This entails that the body can use what it has budgeted for but not spend on items that fall outside its budget.

The Chairperson then called for voting on the Bill as amended to take place.

All the clauses of the Bill with the amendments proposed by the Department were agreed to. [See Appendix for the proposed amendments].

The motion of desirability was put before the Committee and was agreed to. The Chairperson then went on to read the report of the Committee which was agreed to, whereupon he signed it. The Chairperson pointed out that the report would be tabled at the plenary session on 8 June 2000 and called for members to indicate their intention to debate to the Committee Secretary.

[B 26-2000]

Clause 1
1. On page 2, from line 26, to omit the definition of "official of the organised profession".

Clause 5
On page 4, in line 38, after "to" to insert "all the levels of".

On page 6, in line 8, after "register" to insert:
for a specified period or indefinitely, or subject to specific conditions

Clause 6
On page 6, from line 60, to omit subclause (3).

On page 8, after line 7, to insert the following:
(6) No person may be nominated or appointed as a member of the council if that person-
is removed from an office of trust by a court of law; or
is convicted of an offence involving dishonesty or an offence for which the sentence imposed is imprisonment without the option of a fine.

Clause 7
On page 8, in line 20, to omit "three persons for consideration by the Minister for appointment" and to substitute:
five persons of whom one must be appointed by the Minister.

2. On page 8, in line 22, after "nominated" to insert "by the council".

Clause 13
On page 10, in line 38, after "council" to insert:
of whom at least one must be a member referred to in section 6(1)(c).

2. On page 10, from line 40, to omit subclause (2) and to substitute:
(2) The professional development committee must, subject to this Act-
(a) consider and make recommendations to the council in relation to powers and duties contemplated in section 5(b); and
(b) exercise or perform any other power or duty delegated or assigned to it by the council.

Clause 14
On page 10, in line 47, after "council" to insert:
of whom at least one must be a member referred to in section 6(1)(c)

On page 10, after line 49, to insert the following:
(a) compose, maintain and from time to time review a code of professional ethics;

On page 12, in line 1, after "panel", to omit "make" and to substitute "recommend".

On page 12, in line 2, to omit "recommend".

Clause 21
1. On page 16, after line 11, to insert the following:

(2) No person may be employed as an educator by any employer unless the person is registered with the council.

Clause 22
1. On page 16, from line 34, to omit subclause (8) and to substitute:

(8) Different categories of registration may be determined by the council-
to allow for special circumstances of different sectors in education; or
if there is a reasonable basis for such differentiation.

Clause 23
1. On page 16, in line 50, after the first "educator" to insert "contemplated in subsection (1)(a), (b), (c) and (e)".

Clause 24
On page 18, in line 2, after "be" to insert "issued and".

2. On page 18, from line 4, to omit subclause (2).


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