INFORMATION SERVICES: RESEARCH

9 September 2003

Summary of Education Laws Amendment Bill

1. Background

The Bill seeks to amend the South African Qualifications Authority Act of 1995, the South African Schools Act of 1996, the Employment of Educators Act of 1998, and the General and Further Education and Training Quality Assurance Act of 2001.

2. The African Qualifications Authority Act

The Bill proposes the increase of the Members of the South African Qualifications from two to three members, nominated by organised teaching profession. The Minister of Education may also extend the term of office of any member of the organisation.

3. The South African Schools Act

The Bill inserts Section 38A in order to prohibit payment of unauthorised remuneration, financial benefit or benefit in kind to a State employee, who is employed in terms of Employment of Educators Act of 1998. A governing body has to apply to the Department of Education to approve such a payment.

The application has to be made four months prior the finalisation of the budget of the governing body’s budget. A governing body may pay travel expenses of the employee, but such expenses must not exceed those that would normally be payable to a public servant in similar circumstances.

In considering the application, the employer has to take into account the following:

The employer must recover remuneration paid without its approval. Section 25 of the South African Schools Act allows an employer to appeal either to the Member of the Executive Council (MEC) of Education or to the Minister of Education against the finding of a Presiding Officer. This applies to instances where the Presiding Officer decided on a sanction that does not match the misconduct committed.

4. The General and Further Education and Training Quality Assurance Act

The General and Further Education and Training Quality Assurance Council (GENFETQAC) will be referred to as Umalusi. This name is derived from the Nguni language, meaning, "shepherd" or in the African context, "guardian of the family assets".

 

5. References

  1. Education Laws Amendment Bill, B 38-2003
  2. http://www.pims.org.za/monitor/viewbill.php?id=557.

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