FREE STATE LEGISLATURE
EDUCATION, SPORT, ARTS, CULTURE, SCIENCE AND TECHNOLOGY PORTFOLIO COMMITTEE


Report on negotiating mandate on Further Education and Training Colleges Bill [B23-2006]

Report on interprovincial negotiation
The Further Education and Training Colleges Bill has been referred to the Education, Sport, Arts,
Culture, Science and Technology Committee by the Deputy Speaker on 07 September 2006.

Briefing
On 08 September 2006, Mr. T Setona, a Permanent Delegate to the NCOP briefed the Committee on the content of the Bill.
Mr. T. Montsho, of the Department of Education, Free State briefed the Committee on the technical aspects of the Bill.

The Committee was informed that the bill aims to provide for the regulation of further education and training; to provide for the establishment, governance and funding of public further education and training colleges; to provide for the registration of private further education and training colleges; to provide for transitional arrangements and the repeal of laws; and to provide for matters connected therewith.

3. Consultation
The Committee considered the scope of consultation on the Bill, and resolved that:

Public Hearings should be undertaken, stakeholders were provided with copies of
the Bill for invitation of their inputs.

5. Consideration
The Committee considered the Bill, inputs and information received. As a result the following amendments were effected:

1.The Bill does not clearly determine who is the employer between the College and the Council within the context of clause 20(1) and (3). The college is the employer in terms of clause 20(1) yet it is the Council that appoints in terms of clause 20(3). The Committee would like to get unambiguous clarity in this regard.

2. Chapter 9. Clause 54 of the Bill provides for continued employment of the principal, vice-principal, lecturers and support staff employed by the State "…until appointed In terms of this Act..." The contention was that the Act seems to create a possibility for job losses after appointments have been made in terms the new Act after promulgation with specific reference to clause 20 (7). It was contended that the Council may enter into new contracts and may retrench staff based on considerations contained in clause 20(7}. Further clarity is sought in this regard.

3. Chapter 4,Clause 21(4) determines that if a dispute remains unresolved after conciliation it should be referred to the Labour Court. The normal procedure beyond conciliation would be mediation and finally arbitration before referral to the Labour Court. The Labour Court should be considered only after arbitration. The Committee would like clarity in this regard.

4. Chapter 5, Clause 22(4) states that the MEC must 'on an annual basis provide sufficient information to public FET colleges regarding the funding referred to in subsection (1)." It is the Committee's view that a time limit for provision of a time--limit must be made or inserted. The committee proposes that the MEC must "on an annual basis provide information to the public FET colleges regarding the funding referred to in subsection (1) by the end of the third quarter for the following financial year."

5. Chapter 8, Clause 46(1) provides for the appointment by the MEC of a person to conduct an investigation at a public college if the council of the college requests such appointment in. circumstances listed in clause 46(1) (a)(b)(c). The Committee strongly feels that a committee, instead of a person, be appointed for optimum investigation.

6. Chapter 3, Clause 15 (3) ….To put comma ";"~ after the word violence, to delete the word violence, to delete the word "and", thereafter include the word "and", xenophobia after harassment. The sentence thereafter to read as follows:

The policy contemplated in (1) must include measures to curb racism and any form of violence and harassment, especially sexual violence, sexual harassment and xenophobia.

7. Chapter 3, Clause 9(4) stipulates that a member of a structure contemplated in subsection (1), i.e. Council of the College. "(a) holds office for the period of five years :..."

Schedule 1, Section 8 (2) stipulates that ''The Chairperson, vice-chairperson and secretary of the council are elected for a period of two years."
The committee seeks clarity in the disparities regarding the two periods of office raised above. It seems improbable that the purpose was to appoint the Chairperson, vice-chairperson and secretary for two years in a council that holds office for five years. If such is the purpose, such appointments would be twice in five years thus leaving one year not being provided for in the act.

8. The committee strongly feels that the fact that other members of the council are employed elsewhere and thus not permanent creates a platform for the dysfunction of the council because of their unavailability in most cases. Whilst the committee holds no specific opinion in how this can be remedied, the committee felt obligated to raise this concern

6. Resolutions

The Committee recommends that:

(a) Authority be conferred to the Free State Delegation, to vote for the adoption of the Bill with the aforementioned amendments.

MR.M.B.SESELE

Chairperson
Education, Sport, Arts. Culture, Science and Technology Portfolio Committee
Free State Legislature
26 September 2006