EASTERN CAPE PROVINCIAL LEGISLATURE
26 September 2006

Report on the Negotiating Mandate of the Further Education and Training Colleges Bill [B2006]

1. Terms of Reference

The Further Education and Training Bill [B-2006] was referred to the Portfolio Committee on Education by the NCOP Business Committee for consideration.

2. Briefing

The Committee was briefed on the content and implications of the Bill by the permanent delegate. Ms Qikani on 8 September 2006. The Bill seeks to repeal the Further Education and Trail1ing Act 98 of 1998 and to regulate all issues relating to further education and training colleges such as the establishment, governance and funding of public colleges and the employment of staff.

3. Consultation

The Committee conducted public hearings on the Bill on 22 September 2006 at the Eastern Cape Provincial legislature:

4. Consideration of the Bill

After consideration of the Bill and the inputs from the public hearings, the Committee resolved to confer the following mandate:

(a) Definition of management staff in clause 1 should include vice principal or vice-principles to accommodate Colleges with more than one vice -principals and to ensure that this section is consistent with other sections of the Bill; e.g. section 30.

(b) The Bill is silent on the issue of the Provincial Board for FET Colleges that is reflected in White Paper 4 and it is submitted that they should be accommodated in the Bill.
(c) Vice principals should form part of the Council in terms of clause 10(4). Alternatively they must be included as ex officio members without voting rights.
(d) The Employment of Educators Act, 1998 and the Public Service Act, 1994 must be expressly included among the Acts referred 10 in clause 20(2).
(e) Clause 30(1)(c) expressly mention race as the ground upon which the private college may not discriminate. It is suggested that the clause should simply mention that the private college does not unfairly discriminate on any ground.
(f) The Committee has further resolved that Hon. Qwase be designated as a Special Delegate to represent the Province at the inter-provincial negotiations meeting on Wednesday, 27 September 2006.

HON. DM QWASE
CHAIRPERSON
PORTFOLIO COMMITTEE ON EDUCATION
PROVINCE OF THE EASTERN CAPE