The Chairperson of the Education Committee, Mr M Radebe tables the Committee negotiating mandate on the Education Laws Amendment Bill [B23B - 2005] as follows

2. PROCESS FOLLOWED

The speaker formally referred the Education Laws Amendment Bill 18238-20051. a Section 76 Bill to the Education Committee on 05 October 2005.

The Committee received a briefing from the Gauteng permanent delegate to the NCOP, Ms Faith Mazibuko on the Bill on Friday, 14 October 2005.

The Education Committee undertook a process of Public hearings in three areas in Gauteng, i.e City of Tshwane. City of Johannesburg and Ekurhuleni Metro. The public hearings look place from 18-20 October 2005. In attendance were members of the Education Committee, stakeholders In Education and members of the public.

The Gauteng Department of Education was represented by the Acting Senior Manager: Strategic Policy Development & Monitoring, Mr Dan Legoete and other senior officials. Mr Silas Nawa, the Deputy Director: Legal Services from National Department of Education was also present to answer clarity-seeking questions. The officials from Department attended al hearings, briefed the Committee, stakeholders and members of the public on the contents of the Bill.

On Friday 21 October 2005 the Committee deliberated on the technical and substantive amendments to the Bill

On Monday. 24 October 2005 the Committee adopted the negotiating mandate on the bill.

3. PRINCIPLE AND DETAIL OF THE BILL

The Bill aims to amend two Acts: South African Schools Act, 84 of 1996 (SASA), and the Employment of Educators Act, 76 of 1998, so as to make certain technical adjustments to clarify matters and to insert certain provisions to cover matters that are not provided for by existing provisions in the Act.

The Committee agrees with the principle and detail of the bill.

4. OVERVIEW OF PUBLIC HEARINGS

Inputs and submissions were received from stakeholders and members of the public, in line with the Legislature's Constitutional obligation of facilitating and promoting public involvement in the legislative processes in the Legislature and its committees.

The critical amendment from the members of the public and stakeholders was the national determination of quintiles by the Minister. This amendment Is highly appreciated since it enables more learners to access education particularly those from poor social backgrounds.

The Committee welcomes the amendment because it clarifies the determination of quintiles; in terms of this provision, it should be learners first that should be placed into quintiles followed by the schools and this determination is in terms of financial means.

The Committee is pleased with the responses and engagements of the public and stakeholders. The submission have adequately prepared the committee in considering the Bill. Members of the public and stakeholders valued being engaged by the committee and affirmed that the amendments respond to critical issues of equity, access and affordability of education especially for learners who come from poor socio- economic backgrounds . In essence all stakeholders were in agreement with the amendments on the Bill.

The Bill has no financial implications for the province.

6. NEGOTIATING POSITION

The Committee supports the Education Laws Amendment Bill [B23B - 2005).

7. EXPLANATION OF THE COMMITTEE POSITION

The amendments introduce adequate systems on the administration of justice in

schools, gives the Minister cowers to determine norms and standards for school funding which will bring equity across provinces, separates between access to learning and the ability to pay and protect rights of poor parents and school assets.

The provision on ¹e employment of educators will introduce efficiencies and strengthen the hand of the HOD in establishing equity, representativity and promoting quality education and will reduce the number of temporary teachers that are in the system.

8. NEGOTIATING POSITION ADOPTED BY COMMITTEE

The Education Committee supports the principle and detail of the Education Laws Amendment Bill [B23B - 2005].

Mr Mbongeni Radebe: Chairperson: Education Committee