NEGOTIATING MANDATE on the FURTHER TRAINING COLLEGES BILL [B23-2006] (Section 76 Bill)
26 September 2006
1. INTRODUCTION
The Chairperson of the Education Committee, Mr C A Msane tables the Committee’s negotiating mandate on the Further Education and Training Colleges Bill [B23-2006] as follows:
2. PROCESS TO BE FOLLOWED
The speaker formally referred the Further Education and Training Colleges Bill [B23-2006] Section 76 Bill to the Education Committee on Monday, 11 September 2006.
The Committee received a briefing from the Gauteng permanent delegates to the NCOP; Ma Maggie Madlala-Magubane and Miss Faith Mazibuko on Friday, 08 September 2006.
The Education Committee held a Public Hearing on the Further Education and Training Colleges Bill [B23-2006] at the Auditorium in the Gauteng Legislature, Johannesburg on Tuesday, 21 September 2006. In attendance were members of the Education Committee, stakeholders in Education and members of the public.
The Gauteng Department of Education was represented by senior officials from the Gauteng Department of Education who briefed the Committee, stakeholders and members of the public on the contents of the Bill
On Tuesday. 26 September 2006, the Committee deliberated on the technical and substantive amendments and adopted the negotiating mandate on the Further Education and Training Colleges BiIl [823-2006].
3. PRINCIPLE AND DETAIL OF THE BILL
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 employment of staff at public further education and training colleges;
to provide foe' the registration of private further education and training colleges;
to provide for the promotion of quality in further education and training;
to provide for transitional arrangements and repeal of laws and
to provide for matters connected therewith.
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 related to the transfer of contracts of employees to the college councils. Stakeholders raised fears that the basic conditions of service would decline end many of the benefits currently provided could be withdrawn.
Stakeholders further raised concerns around the limitation of programmes being funded by the Department of Education and suggested that Further Education and Training Colleges should be capacitated to offer a wide scope of programmes that would meet national and provincial skills needs.
Stakeholders also raised concerns related to the capacity of council members to deal with labour issues and the commitment of council members to attend to the extensive duties required of them. It was suggested that council members be remunerated for adequate performance of their duties and that they be skilled to deal with Human Resource issues,
The Committee is pleased with the responses and engagements of the public and stakeholders. The submissions have adequately prepared the committee in considering the Bill.
5. FINANCIAL IMPLICATIONS OF THE BILL The BiII has no financial implications for the province.
6. SOCIAL IMPACT ASSESMENT
The Bill will have a positive social impact on the community of Gauteng in terms of its implementation.
7. COMMITTEE RECOMMENDATIONS
The Committee proposes that the following recommendations be considered:
7.1 That the Department of Education takes full responsibility for funding of public colleges to ensure that colleges respond accordingly to the needs d learners and the skin needs of the communities they serve.
7.2 That the Department of Education should also be responsible for the payment of staff salaries, as this would enable public colleges to flexibly utilize staff in a way that would enable them to offer a wide scope of programmes that would meet national and provincial skills needs. This would also avoid differences in payments of college staff and poaching of skilled staff from poor colleges with low salary scales. The department may also consider standardizing the post levels, salaries, workloads, job descriptions and other conditions of service.
7.3 That, though there may be some consequences as a result of transfer of contracts from the department (which is a public sector) to the council ( a private sector), the departments ensures security of the benefits that it has been providing public college lecturers and support staff.
7.4 That some incentives be considered for the members of the council to encourage their commitment in college matters.
7.5 That council members be capacitated after every election on issues of how the college sector works and Human Resource matters.
7.6 The Bill, especially with regard to financing of public colleges, takes consideration of cross-border provision and provinces be compensated accordingly. For example Gauteng, as the heart of Sooth Africa's commercial, financial and industrial sector is one of the provinces that experience an immense immigration. Therefore students may choose to attend an FET institution that is not located in his/her province but in Gauteng province, as such funding should take account of these cross-border movements. If provinces are not compensated this will place a heavy burden an their resources.
8. NEGOTIATING POSITION ADOPTED BY COMMITTEE
The Education Committee supports the principle and detail of Further Education and training Colleges Bill [B23-2006].