1. This Bill is viewed as a further mechanism to standardise and align education policy as well as other legislation which impacts on education, such as the Access to Information Act and the Promotion of Administrative Justice Act. It further aligns with the principles of Tirisano in terms of creating a vibrant single public education system. Practical experience up until now is that aspects of legislation have not fully ensured that standardisation and alignment occurs and that aspects of exclusion have occurred. The Bill is consistent with the Bill of Rights and Constitution.
2. The Bill is also viewed as an additional process to standardise and normalise the public schooling system and to enhance a cohesive provincial framework.
3. Thus these amendments contribute to ensuring that a basic minimum service in a public school occurs.
4. The Bill further broadens aspects of access.
5. The Bill further strengthens issues of accountability and implementation of the legislation.

Specific comment that we would wish to make:

1. Section 11 of SASA - In addition to the general comments – this section is supported as it will ensure a uniform approach which will promote a single learner body in schools, in the name of the RCL, which promotes a coherent strategy to develop learner leadership and democratic values in all learners in a school in line with the spirit of RCL’s. In order to ensure transformation and alignment in the public schools in all provinces the MEC’s must be empowered to determine RCL functions and procedures in line with democratic values. Practical experience in implementing this section of the legislation has been one of exclusion and non-alignment.

Section 36 and 37 and 38 seeks to align SASA with the intention of the PFMA by ensuring financial accountability and management of school funds within the public school system. It is once again important to state that is essential to ensure that Government creates an aligned public schooling system. The same comment would apply to section 49 of the FET Act. We propose further alignment with SASA & the PFMA in terms of section 47 of the PFMA to include education institutions as public entities to further strengthen accountability of the public schools.

2. Further, we propose the addition to 36 (3) of SASA to include – or liable for damages arising as a result of an agreement referred in (2). This would ensure further clarity in implementation.
3. It is incumbent of the State to ensure that parents are protected in terms of ensuring that as partners in education, they have access to all information which relates to the finances of schools.
4. In terms of section 25 (4), in order to promote good governance in public schools, education departments must ensure that capacity building occurs. This is supported by the Skills Development Act and specifically around issues of redress and transformation. It serves limited purpose have non-functioning SGB’s. Thus the amendment ensures the accountability of the education departments to its stakeholders thus ensuring that the principles of Batho Pele are realised.

Amendments to the E of EA specifically ensure that the principles of administrative justice and fairness and consistency of language throughout the Act occurs.