ATC140327: Report of the Select Committee on Education and Recreation on its activities undertaken during the 4th Parliament (May 2009 – March 2014) 19 March 2014
NCOP Education and Technology, Sports, Arts and Culture
Report
of the Select Committee on Education and Recreation on its activities
undertaken during the 4th Parliament (May 2009 March 2014)
19
March 2014
Table of
contents
3.
Committees focus areas during the
4
th
Parliament
ii.
Higher Education and
Training
6.
Departments and Entities falling within the Select Committee
8.
Method
of work of the committee (if committee adopted a particular method of work)
11.
Briefings
and/or public hearings
13.
Oversight
trips undertaken
13.2
Technical/operational challenges
13.3
Content-related challenges
19.
Obligations
conferred on committee by legislation
20.
Summary
of outstanding issues
21.1
Recommendations on Strategic plan and operational plan
21.2
Recommendations on Collaboration and intergovernmental relation
21.3
Recommendations on Oversight and Study tours
The purpose of this report is to provide an account of the Select
Committee on Education and Recreations work during the 4
th
Parliament and to inform the members of the new Parliament of key outstanding
issues pertaining to the oversight and legislative programme of the Departments
reporting to the Committee and their entities.
This report provides an overview of the activities the committee
undertook during the 4
th
Parliament, the outcome of key activities,
as well as any challenges that emerged during the period under review and
issues that should be considered for follow up during the 5
th
Parliament. The report further summarises the key issues for follow-up and
concludes with recommendations to strengthen operational and procedural
processes to enhance the committees oversight and legislative roles in future.
The Select Committee on
Education and Recreation is responsible for the oversight on the five
departments and their entities. Each year the programme was designed to
accommodate all the five departments and the selected entities. Of importance,
the Annual Performance Plans and Annual reports of all departments were given a
preference accordingly as per the provisos of the Constitution. The committee
programme was informed by the strategic plan of the committee and the Medium
Term Strategic Framework (MTSF) of the 4
th
Parliament. The committee
programme was adjusted from time to time to accommodate urgent issues such as
processing the Bill of attending to the NCOP urgent programmes.
It is relevant to report
that more than
90%
of the objectives of the committee programmes were
achieved. It is however unfortunate that some of the important objectives and
or activities did not take place, for example, oversight could not take place in
the whole 2013 although that was part of the committee programme.
3.
Committees focus
areas during the 4
th
Parliament
The
Select Committee on Education and Recreation has identified the following key
priority areas as reflected in the strategic plan of the committee:
3.1 Legislation
The committee recognizes the importance
of continuously monitoring the extent to which laws and policies are
implemented by the various departments. Legislation monitored (details are
provided in the next section):
·
Higher Education and
training Laws Amendment Act
·
Higher Education Amendment
Act
·
FET Amendment Act
·
Skills Development Levies
Amendment Bill [B 25 2010]
·
Science and Technology Laws
Amendment Bill [B 5B 2011
·
The Use of Official
Languages Bill [B 23B 2011]
·
Africa Institute of South
Africa Act Repeal Bill [B 6B 2013]
·
Basic Education Laws Amendment
Bill
The
work of the committee with regards to the legislation is not limited to the
above Acts. The committee continuously reviewed Acts and policies passed in the
past years.
The
committee also aimed to keep track on legislative developments, review and
analyze on-coming legislation, especially their impacts on service delivery at
provincial levels. The Higher Education and Training Laws Amendment Act was one
such piece of legislation the committee looked at as the law changes Further
Education and Training Colleges from Provincial to National competence. In
addition, a several legislations presented by other departments were dealt with
accordingly; see the list of legislations which were processed by the committee
during the period under review.
3.2 Oversight
In the last three years, the committee
emphasized the need to build capacity within the committee to enhance its
constitutional function for oversight and accountability. The committee
continuously identified areas for oversight based on research, interaction with
the concerned departments, and legislation in the past few years.
Key
areas identified for oversight included:
·
Limpopo
issue poor planning of procurement and requisition of Learner-Teacher support
Material (LTSM)
·
Scholar
Transport (e.g. Senwabarana unregistered school;
budget issues, non-payment of service
providers)
·
School
support
Programme (joint programme
between SRSA and DBE)
·
ASIDI
(mud schools, farm schools infrastructure)
·
Closely
monitoring and overseeing the implementation of Section 100 (1) (b)
interventions in provinces (Eastern Cape and Limpopo Provinces) by national
government.
·
To
focus on DBEs initiatives aimed at Capacitating of school governing bodies
·
To
closely monitor the School Safety Programme
.
·
School performance both ANA
and NSC
·
Farm Schools
ii.
Higher
Education and Training
In
the last five years the committee intended:
·
To scrutinize admission processes at institutions of higher learning,
especially late registration (in order to avert stampedes at institutions of
higher learning at the beginning of the year such as the UJ case that led to
students death).
·
To monitor Student Accommodation at Universities and FET colleges
·
To intensify monitoring of the implementation of NSFAS and the conversion
thereof into bursaries for successful students.
·
To monitor how the DHET
expands
access to education and training for the youth
·
To
monitor how the DHET increases the number of students successfully entering the
labour market upon completion of training,
·
Expand
research, development and innovation capacity for economic growth and social
development
·
To focus on FET C
colleges
that are responsive to the demands of the market place with a special emphasis
on artisan training
·
A visit to the sites
earmarked for the construction of the two universities (Mpumalanga and Northern
Cape) for purposes monitoring establishment and construction progress in order
to understand some of the challenges relating to the project, would be a good
intervention on the side of the Committee.
-
The development and implementation of the
National Skills Development Strategy (NSDS) III.
iii.
Arts and Culture
·
To
closely monitor the implementation and roll-out of the Mzansi Golden Economy
(MGE)
this is a strategy through which Department
of Arts and Culture (DAC) seeks to redirects funds from the Investing in
Culture programme to the new Mzansi Golden Economy in order to stimulate the
economy on a broader scale in order to create employment.
·
The Legacy Project
(the project that
seeks to identify, upgrade, refurbish and
declare as national heritage sites graves, homes and houses of struggle heroes
and heroines as well as memorial sites).
·
Liberation Heritage Route (LHR) project
( This is run by South African Heritage
Resources Agency (SAHRA), consists of a network of heritage sites including
some nodes with both international and local (national, provincial and local)
status.
.
·
To
process and finalize the Use of Official Languages Bill
iv.
Sport and Recreation
·
Coordinated
interventions in sport federation administration
·
Streamlining
recreation programmes
·
School
sport (The revival of school league programme)
·
Developing
sport infrastructure in rural areas
·
The
mobilization and encouragement of the masses to participate in sport and
recreation (Mass participation).
v.
Science and
Technology
-
Intensify the monitoring of mechanisms aimed at
improving Mathematics, Science and Technology in education and in the
society at large.
-
Closely monitor the roll out the Square Kilometre
Array (SKA) project in the Northern Cape.
The following areas indicated in a table below should be considered in
the 5
th
parliament:
|
Department
|
Focus Areas
|
|
Basic Education
|
·
Safety in Schools
·
School performance ANA & NSC
·
School nutrition programme
·
Early Childhood Development
·
Farm Schools and Multi-grade classrooms
·
Infra-structure
·
Mathematics and Science
|
|
Higher Education
|
·
Access to Higher education
·
National student financial aid scheme (NSFAS)
·
Skills development programmes
·
Monitoring of SETAs
·
Transformation in Higher Education
|
|
Art and Culture
|
·
Conditional grants in provinces
·
The implementation and roll-out of the Mzansi Golden Economy (MGE) in
Provinces
·
Implementation of Language policies
·
Libraries and Theatres
in provinces
|
|
Science and Technology
|
·
NRF programmes particularly SAASTA
·
The
Square Kilometre Array (SKA) project in the Northern Cape.
·
Monitor
activities of The Council for Scientific and Industrial Research (CSIR)
·
Monitor
the activities of
The Academy of
Science of South Africa (ASSA)
|
|
Sports and Recreation
|
·
Transformation in Sports
·
School sports
·
Development
of
sport infrastructure in rural areas
·
Monitor
Boxing South Africa
|
·
The Select Committee on Education and Recreation is responsible for the
oversight on five departments with a huge number of entities. This poses a
challenge to the committee on the nature of engagement with all departments and
entities thus the kind of engagement at times was not vigorous.
Given the number of departments and entities
that report to the committee, it is impossible to cover all entities in a year
thus departments were prioritized and few entities were given more attention
not all.
·
The site visits are essential in establishing the actual implementation
of the departmental programmes and also assist the committee to relate reports
presented by the departments to what is happening on the grounds. While there
were site visits conducted during the period under review, it is however noted
that due to time constraints and NCOP programme which always changes much
often, some oversight visits had to be cancelled.
·
During the period under review there was no study tour taken to enable
Members to learner best practices from other countries thus empowering the
members knowledge.
·
Some of the reports, for example annual reports were presented to the
committee almost after 5-10 months of the financial year thus became too late
for the Committee to raise issues. This is similar to the case of Annual
Performance Plan presented to the committee late after the entity or department
has already implemented.
6.
Departments and Entities falling within the Select Committee
The
Select Committee on Education and Recreation has five departments that report
in it. These are Department of Arts and Culture, Education, Science and Technology,
Sport and Recreation.
Brief information
on the five departments is presented below.
|
(i)
Mandate
of the Department of Basic Education
|
|||||||
|
(ii)
Mandate
of the Department of Higher Education
The vision of the Department
of Higher Education (DHET) is of a South Africa in which all our people have
access to lifelong education and training opportunities, which will in turn
contribute towards improving quality of life and building a peaceful,
prosperous and democratic society. DHET endeavours to provide leadership in the
construction of a South African education and training system for the 21st
century.
The vision for the
transformation of the higher education system is articulated in White Paper 3:
A Programme for the Transformation of Higher Education (1997). Central to this
vision is the building of a rational, seamless higher education system that
grasps the intellectual and professional challenges facing South Africans in
the 21st century, and meets the learning needs of individuals and the
development needs of our society and economy.
(iii)
Mandate
of the
Department of Science &
Technology
The vision of the department of Science and Technology is to create a
prosperous society that derives enduring and equitable benefits from science
and technology. DST strives to develop, coordinate and manage a national system
of innovation that will bring about maximum human capital, sustainable economic
growth and improved quality of life
(iv)
Mandate
of the Department of Art and Culture
The primary legislative mandate of the Department comes from the
Constitution of the Republic of South Africa, which states that: Section 16 (1)
Everyone has the right to freedom of expression, which includes-
a) freedom of press and other media;
b) freedom to receive or impact information or ideas;
c) freedom of artistic creativity ;and
d) academic freedom and freedom of scientific research, and Section 30
Everyone has the right to use language and to participate in the cultural life
of their choice, but no one exercising these rights may do so in manners
inconsistent with any provision of the Bill of Rights.
Emanating from the White Paper on Arts and Culture and Heritage,
the following Acts have been promulgated by Parliament to create institutions
in furtherance of the constitutional mandate of the Department of Arts and
Culture:
(v)
Mandate of Sport and Recreation South Africa
Sport and Recreation
South Africa (SRSA) is the national government department responsible for sport
in South Africa. Aligned with its vision of creating
An Active and Winning Nation,
its primary focuses are providing
opportunities for all South Africans to participate in sport; managing the
regulatory framework thereof, and providing funding for different codes of
sport.
The five departments presented above have the
following entities respectively:-
|
Name
of Entity
|
Role
of Entity
|
|
South African Council of
Education (SACE
)
|
South
African Council for Educators aims to enhance the status of the teaching
profession, and to promote the development of educators and their
professional conduct.
|
|
National
Student Financial Aid Scheme (NSFAS):
|
This
entity seeks to impact on South Africas historically skewed student diplomate
and graduate by providing a sustainable financial aid system that enables
academically deserving and financially needy students to meet their needs.
|
|
Council
for Quality Assurance in General and Further Education and Training (UMALUSI):
|
The
entity is the quality assurer in the general and further education and
training bands of the national qualifications framework (NQF). The Council
ensures that the providers of education and training have the capacity to
deliver and assess qualifications and learning programmes and are doing so to
expected standards of quality.
|
|
Council on Higher
Education (CHE):
|
The
South African Council on Higher Education (CHE) is an independent statutory
body responsible for advising the Minister of Education on all higher
education policy issues, and for quality assurance in higher education and
training.
|
|
South
African Heritage Resource Heritage Agency (SAHRA)
|
To provide for the identification, conservation,
protection and promotion of our heritage for the present and future
generations.
|
|
Business
Arts South Africa (BASA)
:
|
BASAs primary aim is to promote and
encourage mutually beneficial and sustainable business-arts partnerships that
will, in the long term benefit the community at large.
|
|
National Film and Video
Foundation (NFVF)
|
The
NFVF is a statutory body mandated by a progressive act of Parliament to
spearhead the equitable growth and development of the South African film and
video industry.
To
create an environment that develops and promotes the South African film and
video industry domestically and internationally.
|
|
National
Arts Council
(NAC)
|
To
provide, and encourage the provision of, opportunities for persons to
practice the arts; To promote the appreciation, understanding and enjoyment
of the arts; To promote the general application of the arts in the community;
|
|
National
Archives Commission
|
The
foremost mission of the National Archives and Records Service, namely to
foster national identity and to ensure the protection of rights, stems from
the recognition that the racialised fragmentation of a South African identity
and the violation of rights, which had characterised the Apartheid political
system, needed to be redressed in order for a post-apartheid democratic
social order to become entrenched
|
|
Pan
South African Language Board (PANSALB
):
|
To
provide for the recognition, implementation and furtherance of
multilingualism in the Republic of South Africa through the development of
previously marginalised languages
|
|
Boxing
South Africa (BSA):
|
To regulate, control and exercise general supervision
over professional boxing at tournaments in the Republic; protect and
regulate the interests and organizational rights of boxers, trainers,
mangers, promoters, officials and stakeholders involved in professional
boxing matters:
|
|
SASCOC:
|
To promote and develop high performance
sport in the Republic of South Africa as well as and to act as the
controlling body for the preparation and delivery of Team South Africa at all
multi-sport international games including but not limited to the Olympics,
Paralympics, Commonwealth Games, World Games and All Africa Games.
|
|
South Africa Drug Free
Sport Institute (SADFSI):
|
To
promote participation in sport, free from the use of prohibited substances or
methods intended to artificially enhance performance, thereby rendering
impermissible doping practices which are contrary to the principles of fair
play and medical ethics, in a manner consistent with protecting the health
and well-being of competitors, and the rights of all persons who take part in
sport;
|
|
Human
Science Research Council (HSRC):
|
To provide for the promotion of research in the field
of human sciences in order to improve understanding of social conditions and
the process of social change.
|
|
Council
for Scientific and Industrial Research (CSIR):
|
The
CSIR is one of the leading scientific and technology research, development
and implementation organisations in Africa; the CSIR undertakes directed and
multidisciplinary research, technological innovation as well as industrial
and scientific development to improve the quality of life of the countrys
people.
|
|
National
Research Foundation (NRF):
|
The
objective of the National Research Foundation (NRF) is to support and promote
research through funding, human resource development and the provision of the
necessary research facilities, in order to facilitate the creation of
knowledge, innovation and development in all fields of the natural and social
sciences, humanities and technology.
|
|
National
Energy Research Institute
:
|
SANERI is tasked with developing
human capital in the energy research sector and also with funding fundamental
and applied research in specified thematic areas.
|
7.
Functions of committee
Parliamentary committees are mandated to:
·
Monitor the financial and non-financial
performance of government departments and their entities to ensure that
national objectives are met.
·
Process and pass legislation.
·
Facilitate public participation in Parliament
relating to issues of oversight and legislation.
8.
Method of work of the committee (if committee
adopted a particular method of work)
The Committee
adopted the general approach of the NCOP Select committees as enshrined in the
Rules of the NCOP. In essence the committee was inspired and guided by the
Constitution of the Republic of South Africa.
9.
Key statistics
The table below provides an overview of the
number of meetings held, legislation and international agreements processed and
the number of oversight trips and study tours undertaken by the committee, as
well as any statutory appointments the committee made, during the 4
th
Parliament:
|
Activity
|
2009
|
2010
|
2011
|
2012
|
2013
|
Total
|
|
Meetings held
|
14
|
22
|
24
|
21
|
21
|
86
|
|
Legislation processed
|
0
|
4
|
6
|
3
|
3
|
16
|
|
Oversight trips undertaken
|
1
|
1
|
1
|
1
|
0
|
4
|
|
Study tours undertaken
|
0
|
0
|
0
|
0
|
0
|
0
|
|
International agreements processed
|
0
|
0
|
1
|
0
|
4
|
5
|
|
Statutory appointments made
|
0
|
1
|
0
|
0
|
1
|
2
|
|
Interventions considered
|
0
|
0
|
1`
|
0
|
0
|
1
|
|
Petitions considered
|
0
|
0
|
0
|
0
|
0
|
0
|
10.
Stakeholders:
None
11.
Briefings and/or public hearings
None
12.
Legislation
The following pieces of legislation were
referred to the committee and processed during the 4
th
Parliament:
|
Year
|
Name of Legislation
|
Tagging
|
Objectives
|
Completed/Not Completed
|
||
|
2009
|
|
|
|
|
||
|
2010
|
Safety at Sports
and Recreational Events
Bill
[B7B-2009]
|
Section 75
|
To ensure safety at sports and recreational events
|
Completed
|
||
|
Higher Education Laws Amendment Bill [B 24B 2010]
|
Section 75
|
the amendments to the Bills are technical as
the objective is
to align the legislation with the new education dispensation
|
Completed
|
|||
|
Skills Development
Levies Amendment Bill [B 25 2010]
|
Section 75
|
the amendments to the Bills are technical as
the objective is
to align the legislation with the new education dispensation
|
Completed
|
|||
|
Higher Education and Training
Laws Amendment Bill [B 26B 2010] (National Assembly sec 76)
|
Section 76
|
the amendments to the Bills are technical as
the objective is
to align the legislation with the new education dispensation
|
Completed
|
|||
|
2011
|
Higher Education Laws Amendment Bill
[B 14B 2011]
,
|
Section 75
|
the amendments
to the Bills are technical as the objective is
to align the legislation
with the new education dispensation
|
Completed
|
||
|
Basic Education Laws Amendment Bill
|
Section 76
|
The aim of the Bill was to align the legislative
framework with the new education dispensation that came about in 2009 when
the Department of Education was split into two.
|
Completed
|
|||
|
Science
and Technology Laws Amendment
Bill [B
5B 2011
|
Section 75
|
The Bill was aimed at ensuring proper
coordination between science and technology entities and the department.
|
Completed
|
|||
|
Further
Education and Training Colleges Amendment Bill [B13B-2011]
|
Section 76
|
The Bill aimed at
removing all references to provincial authorities by assigning the functions
of the MEC to the Minister and the functions of the Head of Department to the
Director-General.
|
Completed
|
|||
|
Higher
Education Laws Amendment Bill [B14B-2011]
|
Section 75
|
The Bill aimed at
removing all references to provincial authorities by assigning the functions
of the MEC to the Minister and the functions of the Head of Department to the
Director-General.
|
Completed
|
|||
|
Skills Development Amendment Bill
[B16B-2011]
|
Section 75
|
The Bill was
aimed at
amending provisions relating to the establishment, amalgamation and
dissolution of SETAs
|
Completed
|
|||
|
2012
|
Further Education & Training Colleges
Amendment Bill.
[B 24B 2012]
|
Section 76
|
The Bill
established the South African Institute for Vocational and Continuing
Education and Training (SAIVCET).
|
Completed
|
||
|
Higher Education and
Training Laws Amendment Bill
[B 23B 2012]
|
Section 75
|
The Bill was aimed at
amending the date on which the annual report of
the South African Qualifications Authority (SAQA) must be submitted to the
Minister.
|
Completed
|
|||
|
The
Use of Official Languages Bill
[B 23B
2011]
|
Section 75
|
To
regulate and monitor the use of official languages by the national government
for government purposes.
|
Completed
|
|||
|
2013
|
South African
Language Practitioners Bill, [B 14B - 2013]
|
Section 75
|
The Bill
provides for the establishment of the South
African Language Practitioners Council
|
Completed
|
||
|
Africa Institute of South
Africa Act Repeal Bill
[B 6B 2013]
|
Section 75
|
To provide for the disestablishment of the Africa Institute of South
Africa.
|
Completed
|
|||
|
2013
|
Science and Technology Laws Amendment Bill [B36B-2013]
|
Section 75
|
To streamline
processes for the appointment of members of the boards of statutory bodies
reporting to the Department of Science and Technology.
|
Completed
|
||
12.1 Challenges emerging
The following challenges emerged during the
processing of legislation:
·
Notably, there have been concerns about the cover page of different Bills
presented to the committee. In several occasions the Bills were not labelled or
labelled wrongly. For example, in 2012 when one of the Bills was processed
there was confusion amongst members on the version of the Bill. Members were
unhappy about incorrect labelling of the Bill. Similarly, in 2013 when the Bill
on Language practitioners was processed there was a serious concern that the
Bill was not labelled whether it was section 75 or section 76.
The matter was nevertheless resolved in an
amicable way.
·
Additionally, there was a challenge of negligence from the legal experts.
The sections of some Bills only referrer to Parliament and National Assembly
(NA) with mentioning National Council of Provinces (NCOP). All sections of the
Bills which only refereed to NA without recognising NCOP were corrected
accordingly.
13.
Oversight trips undertaken
The following oversight trips were undertaken:
|
Date
|
Area Visited
|
Objective
|
Recommendations
|
Responses to Recommendations
|
Follow-up Issues
|
Status of Report
|
|
14/10/2009
|
Paarl, Western Cape
|
To investigate the possibility of the closure of Nonzame Primary
School.
|
The Provincial Department
of Education could have better handled the situation of the School.
|
The Department of Education appeared before the Select Committee.
|
None
|
Adopted
|
|
18/03/2010
|
Kwazulu-Natal
|
To
monitor provision of scholar transport
|
The department of education in the province
must provide all the necessary support to the School Governing Bodies (SGBs)
including proper training of the SGB members.
|
The committee interacted with national department and a number of
issues raised by members were responded to.
|
None
|
Adopted
|
|
26/01/2011
|
Kwazulu-Natal and Eastern Cape
|
To conduct an oversight visit in Eastern
Cape and monitor challenges of temporary teachers and inspect the extent of
damage caused by floods in Kwazulu-Natal.
|
The Eastern Cape
Department of Education should lift the suspension of temporary teachers and
re-instate them as a matter of urgency as their absence poses serious
challenges to teaching and learning.
|
A number of schools appointed permanent teachers and many schools with
dilapidates mud structures have since been replaced with new structures
through ASIDI programme.
|
None
|
Adopted
|
|
16/08/2011
|
Eastern Cape
|
To
solicit views from all the relevant stakeholders on the decision by the
Minister of Basic Education to intervene in the Eastern Cape Department of
Education.
|
The
NCOP to approve the intervention.
|
The situation has since been stabilised, number of temporary teachers
were filled, schools received books on time and a new accounting officer was
appointed.
|
None
|
Adopted
|
|
13 March 2012
|
Eastern Cape
|
To monitor progress made with regard to intervention
in terms of section 100(1) (b) of the Constitution.
|
Department of Basic Education to provide regular progress reports to
the Select Committee.
|
Progress has been made regarding the scholar transport and school
nutrition programme but a lot still needs to be done.
|
None
|
Adopted
|
13.1
Challenges emerging
The following challenges emerged during the oversight visit:
Despite the fact that applications for
oversight visits were submitted on time, the political offices were not quick
to approve applications and this in some instances led to the committee end up
cancelling the proposed oversight visit.
After the Eastern Cape Intervention by DBE in the Eastern Cape was
tabled in the NCOP, the committee submitted three applications before the
oversight was approved despite the urgency of the matter. The visit was
approved after it became clear that failure to approve it would lead to
intervention lapsing and that would have been an embarrassing moment
considering that NCOP had 180 days to approve or disapprove the intervention.
Despite the challenges mentioned above, the
committee did an excellent job in monitoring the intervention and the last
meeting the committee had with the Minister of Basic Education, the Department
acknowledged the good work, cooperation and support the Select Committee on
Education and Recreation played and that it continues to play in the Eastern
Cape intervention.
The Minister also noted that the situation in
the Eastern Cape has since been stabilised and books and indicated that DBE was
in the process of giving back certain functions that were taken by National
Department back to the Eastern Cape.
13.2
Technical/operational challenges
The late approval of the
visit to the Eastern Cape meant that the support staff couldnt not properly
arrange venues to meet with stakeholders and the committee secretary working
with the department of education in the Eastern Cape managed to secure state
buildings ( Dept of Education offices in East London) to have all the meetings relating
to intervention. This exercise also save costs to parliament as the committee
made use of the state venue at no cost. These challenges could be better
managed and prevented in the next parliament.
13.3
Content-related challenges
The committee visited Eastern
Cape for the second time to monitor progress made on Intervention and a report
was drafted and adopted but it took the NCOP House more than a year to consider
the report of the committee. This again showed that the Council failed to
appreciate the seriousness and urgency of the Eastern Cape intervention.
Considering that no formal documentation has
been received by the NCOP regarding withdrawal of the DBEs intervention in the
Eastern Cape, the Committee will continue to monitor intervention.
The 5
th
Parliament should consider following up on the
following concerns that arose:
·
The manner in which the NCOP committees are clustered poses a huge
challenge when it comes to the committee performing its oversight function. The
committee is not able to interact or exercise oversight on a number of entities
that report to the five departments that we are overseeing.
·
The committee submitted more than three applications to conduct study
tours in Cuba, Finland. The trips were never approved and because of this
decision, the committee was deprived of a great opportunity to learn from the
Finish Education System and the great Early Childhood Development Programme
that Cubans are implementing.
14
Study tours undertaken
For the period under review, no
study tours were undertaken.
15
International Agreements:
The following international agreements were processed and reported on:
|
Date referred
|
Name of International Agreement
|
Objective
|
Status of Report
|
Date of enforcement
|
|
30 January 2013
|
African Union Charter for African Cultural Renaissance.
|
The Charter sought to
embrace all improvement of educational systems to include African Culture and
establishing innovative ways to promote, conserve and preserve the African
culture.
|
Adopted with
recommendations.
|
Completed
|
|
18 April 2011
|
Southern African Development Community (SADC)
Protocol on Science, Technology and Innovation, tabled in terms of Section
231(2) of the Constitution, 1996.
|
The protocol provides a base for
development of institutional mechanisms for regional cooperation and
coordination of Science Technology and Innovation.
|
Adopted with recommendations.
|
Completed
|
|
05 February 2014
|
The 2001 Unesco Convention on the
Protection of Underwater Cultural Heritage, tabled in terms of section 231(2)
of the Constitution, 1996.
|
The
convention promotes cooperation in the protection of underwater cultural
heritage between state parties and it also advocates the preservation of
underwater cultural heritage for the benefit of humanity.
|
Adopted with recommendations.
|
Completed
|
|
05 February 2014
|
The 1999 Second Protocol to the 1954
Hague Convention for the Protection of Cultural Property in the event of
Armed Conflict, tabled in terms of section 231(2) of the Constitution, 1996.
|
The
convention provides for a system of general and special protection of
cultural property in situations of international and omestic armed conflict.
|
Adopted with
recommendations.
|
Completed.
|
|
05 February 2014
|
The 1995 Unidroit Convention on Stolen
or Illegally Exported Cultural Objects, tabled in terms of section 231(2) of
the Constitution, 1996.
|
The
convention is aimed at fighting the illicit trafficking in cultural objects.
|
Adopted with
recommendations.
|
Completed.
|
15.1 Challenges emerging
No major challenges were experienced during
the processing adoption of these international agreements except that in the
last three conventions there was a challenge of a quorum in the beginning of
the meeting. There was uncertainty when the members should continue to engage
with the Convention even though only four provinces were presented. It is
important to report that the fifth member came to make up a required number of
a quorum and subsequently all Conventions were approved accordingly.
15.2 Issues for
follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
The committee should make a follow-up on the
implementation of the international conventions and ascertain that these
conventions are integrated within the relevant departmental programmes.
16.
Statutory appointments
The following appointment processes were referred to the committee and
the resultant statutory appointments were made:
|
Date
|
Type of appointment
|
Period of appointment
|
Status of Report
|
|
|
|
|
|
|
26 April 2013
|
Candidates
to serve on the
Governing Body of the National Research Foundation (NRF).
|
Term expires
30 September
2014
|
Adopted with recommendations.
|
16.1
Challenges emerging
The following challenges
emerged during the statutory appointments:
Members of the Select Committee
on Education and Recreation noted with serious concerns the gender and
demographic representation of the existing NRF board members and the
shortlisted candidates. The matter was resolved by recommending a woman who was
on the short list.
16.2
Issues for follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
The Members of the committee should ensure
that the new Board will have a balance of gender and race.
17.
Interventions
The following interventions were referred to and processed by the
committee:
|
Title
|
Date referred
|
Current status
|
|
Notice of intervention issued in terms of section 100(1) (b) of the
Constitution,1996 to the Eastern Cape Education Department
|
22 March 2011
|
The committee has
been monitoring the intervention and the situation has since been stabilised
in the Eastern Cape.
|
|
Notice of intervention to Limpopo.
|
The intervention was not formally referred the Select Education on
Recreation but to the Select Committee on Finance.
|
The
committee played a huge role in this intervention as a number of departments
such as Education were affected.
The
committee members formed part of the delegation and oversight visits
conducted by the Select Committee on Finance.
|
17.1 Challenges emerging
When an intervention has been referred to the
committee, part of processing the intervention involves conducting oversight
visits and public meetings with all relevant stakeholders. All the challenges
regarding Eastern Cape intervention have been mentioned under the sub-heading
Oversight.
17.2 Issues for follow-up
The 5
th
Parliament should consider
following up on the following concerns that arose:
While it has been observed that though the
section 100 (1) (b) interventions the province is improving significantly, it is
highly recommended that the Committee ensures that there is stability and
sustainability in the province. Furthermore, the Committee should strengthen
oversight in all provinces particularly those that have shown warning sign of
instability and wavering
18.
Petitions
For the period under review, no
petitions were processed.
19.
Obligations conferred on
committee by legislation
For the period under review, no BRR Reports were processed.
20.
Summary of outstanding
issues
Summary of outstanding issues
relating to the department/entities that the committee has been
grappling with is presented as follows:
·
Entities not available to come and report to the
committee.
There were entities which had some challenges to come
and report to the committee, for example, Boxing SA and PANSALB. The committee
in the 5
th
Parliament should consider inviting these entities to
account to the committee.
·
Engagement with SETAs.
Due to time constraints the committee could not have
sufficient time to engage with SETAs, hence in the next Parliament this should
be catered.
·
Oversight visits to the New Universities
Two new universities were introduced in 2014 in the
Northern Cape and Mpumalanga Provinces respectively. The committee did not have
a chance to do oversight visits to these universities. It is therefore
necessary for the committee in the next Parliament to do sight visits to these
universities.
·
Oversight visits to all Provinces
The committee visited only three Provinces during the
period under review. Given the mandate of the NCOP committees which puts more
emphasis on the interests of Provinces; it is thus appropriate that all
provinces are visited in the next Parliament.
21.
Recommendations
In the light of the above challenges presented
above, the following recommendations are presented:
21.1 Recommendations
on Strategic plan and operational plan
·
The strategic plan of the committee should clearly
indicate key strategic objectives and activities of the committee drawn from
the Medium Term Strategic Framework (MTSF) with clear indications of time
frames. Additionally, the year plan and term programme should be designed in
the manner that all departments and or key entities are well represented
accordingly;
·
Planning should accommodate joint sitting with
Portfolio Committees (PC) especially when the common issues are discussed hence
enhancing the level of engagement and enrich the spirit of collaboration
amongst the Members of Parliament.
21.2 Recommendations on Collaboration and
intergovernmental relation
·
Collaboration with PC committees is highly
recommended. Activities such as workshop, seminar, joint sitting and
collaborative oversight can add more value in the Select Committee. Expertise
and experiences can be shared amongst members.
·
Establishing relationship with Portfolio committees
at Provincial legislatures is highly recommended. This will help both
committees to share experiences in exercising their oversight role over the
executives.
·
Inviting the provincial departments to account of
certain issues of interest to the Select committee is recommended.
21.3 Recommendations
on Oversight and Study tours
·
Oversight visits should be done much often, an
option of joint visit with the Portfolio Committee is highly recommended.
Oversight visits will ascertain the quality of service delivery and will
strengthen the engagement of the committee with the department on the issues
raised by the public.
·
The Select Committee should consider taking a study
tour to one of the successful countries to learn about the best practices in
handling matters related to Education, Science and Technology, Art and culture
and Sports. This will empower Members to have international perspectives on how
to improve services in our department.
·
The committee was faced with challenges in terms of
the coordination of study tours and processing of applications by both the
office of the House Chairperson for Committees and the office of the Chief
Whip. The relationship and the role of the two offices in as far as approving
study tours should be clarified and strengthened.
Appreciation
I
would like to thank all the committee members and support staff to the
committee for the support and team work they have demonstrated since 2009.
Special thanks to the Committee Secretary and the Content Advisor for putting together
this report.
Ms M
W Makgate MP
Chairperson:
SC on Education and Recreation
Documents
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