1.Terms of reference

The Education Laws Amendment Bill [B23B-2005] was referred to the Portfolio Committee on Education by the NCOP Business Committee for consideration.

The Committee was briefed on the amendments as follows:

The South African Laws Amendment Bill [B23B-2005] is amended to strengthen the existing education legislation in South Africa in order to ensure that learners receive their constitutionally entitled right to Education. The Bill amends the South African Schools Act 84 of 1996 and the Employment of Educators Act 76 of 1998.

The proposed South African Laws Amendment Bill amends Section 9 of the South African Schools Act to provide a time limit for a decision on whether to expel a learner or not. This will ensure a clear and fair process for the disciplining of learners in public schools. In terms of the Bill, a learner who appealed against expulsion from a public school must, pending the outcome of the appeal, be given access to education in the manner determined by the Head of the Department. Learners who do not have parents, especially those from child - headed households are also provided an opportunity to ask someone to represent them during the appeal process.

The Bill amends Section 35 of the South African Schools Act in order to ensure that the norms and standards for funding determined by the Minister in consultation with the Council of Education Ministers the Financial and Fiscal Commission and the Minister of Finance, provide a criteria that a member of the Executive Council must apply when he or she drafts a list of schools falling within each of the national quintiles.

The Bill amends section 41 of the South African Schools Act to provide for a process of which a Governing Body of a public school must follow when choosing to enforce the payment of school fees by parents who are liable to pay in terms of the Act.

In order to protect state property, the Bill adds a new section to prohibit any person to attach or dispose of any assets owned by a public school to another person or body without the written approval of the Member of the Executive Council However, the Member of the Executive Council may determine that certain categories of assets below a certain value be alienated without his or her written approval. He or she must determine and publish the value of such assets by notice in the Provincial Gazette.

There is an insertion of a new provision in the Bill of Section 6B in Act 76 of 1998 which provides that if the Head of Department declines a recommendation of a governing body or council, he or she may consider all applications for that post and appoint a suitable candidate temporarily or re - advertise the post. If he governing body or council is not satisfied with the temporary appointment of an educator by the Head of Department, it may appeal to the Member of the Executive Council. The appointment will remain temporary until the appeal is finalized. If the appeal is upheld, the process of appointment will start from the beginning. If the appeal is dismissed or not lodged within 14 days from receiving the notice of appointment, the Head of Department may appoint the educator permanently.

3. Consultation

The Committee considered the scope of consultation on the Bill and resolved as follows:

• Due to the nature of the Bill, the Committee felt that there is a need to conduct public hearings but due time constraints this was not possible.

4. Concerns

The Committee does not have any concerns on the Bill.

5. Resolutions

The Committee having considered the Bill, resolved that the following mandate be conferred:

(a) To support the principles, objectives and substance of the Bill .

(b) To propose for the following amendments:

• Temporary appointment must be clearly defined.

• The conversion of a temporary appointment to a permanent appointment should be accompanied by funds and benefits.

• First "of "in Page 3 Line 30 of the Bill must be replaced by "or".

• The words " parent of a learner " must be replaced by the words "any person representing a learner" so as to cats' for foster parents, adoptive parents etc.

• The Committee further recommends that it must be provided a period of 2 weeks to conduct public hearings before the consideration of final mandates.

(c) The Honourable B Tunyiswa be designated as Special Delegate to attend a meeting on negotiating Mandates on behalf of the Eastern Cape Province.

HON. DM QWASE: CHARPERSON : PORTFOLIO COMMITTEE ON EDUCATION