NATIONAL YOUTH COMMISSION's SUBMISSION ON THE EDUCATION LAWS
AMENDMENT BILL

1. Introduction
This is the response and submission of the National Youth Commission to the proposed Amendment Bill. We also want to put on record that we would like to congratulate and support the commitment shown by the committee to consult broadly with relevant stakeholders on matters related to legislation. We would like to reiterate that when the committee is establishing its database on stakeholders in education to also give a special attention learner organisations.

The NYC would like again to put on record that we generally support the Bill, however, would like to make the following submissions to improve the Bill.

2. Section 11
Subsection 1
We support the amendment but we want to raise a question that what is meant by the words "only recognised and legitimate learner body?" We believe this could work at the detriment of other learner organisations' functions in those schools and their responsibilities as such. If such a word like "only" shall be aimed and directed to learner bodies such as Prefects, which in our view could be established to undermine the role and functions of the RCL's, therefore we will support such wording.

Subsection 2
We would like to suggest a change in the proposed amendment that there must be a replacement of the word "A Member of the Executive Council" by the word "The Minister", Or include a sentence that says "The Minister shall determine national guidelines that a Member of the Executive Council should consider in consultation with
the relevant stakeholders when determining the functions and procedures for the establishment and election of the RCL's.

We would also like to emphasise by proposing in the same subsection to insert the following phrase "in consultation with relevant stakeholders" immediately after the word "determine".

3. Section 25
Subsection 1
The NYC would like to submit that there should be a clear national guideline that determine how and when is the governing body is failing in its duties which in turn the Head of Department shall use in consultation with the relevant stakeholders on the number of persons to be appointed and criteria on which those persons should be appointed.

4. Section 38
Subsection 1
(a) The NYC would like to make a submission that we support this amendment, but, we propose that the MEC should make it a point that all governing bodies elect a finance committee that will be representative of all stakeholders at a particular public school and that this committee will draft a proposed budget that should be tabled and adopted in the governing body meeting by a 50% plus one of the membership of the
GB.

This budget after being tabled and adopted by the governing body, a parents meeting should be called to consult all parents about the school budget.

5. Comments
You can notice that the NYC has reiterated some of the issues that have already being entrenched in the South African Schools Act of 1996. This is done so to put to the attention of the Portfolio Committee that some of the schools are not following what the Act requires of them.

Therefore the challenge is how the Acts in education relate to the subjective and objective conditions that the stakeholders in education find themselves.

The committee should also look at the ability and willingness of the education department to enforce the requirements of the Act on the ground.

The committee should also look at the capacity building for the RCL's for purposes of empowering learners with leadership skills, analytical skills, organisational and so forth.