Response to the memorandum from petitioners or protestors for free Afrocentric quality education
At the outset, we would like to acknowledge and embrace your fundamental constitutional human right to protest in order to ventilate your grievances in regard to the matters enunciated in your memorandum. We further wish to express our thankfulness for your peaceful and disciplined protest.
On Thursday, 29 October 2015, students marched to the precincts of Parliament and presented a memorandum to the Deputy Minister of Higher Education and Training, Mr MC Manana, MP, and requested for a response by 2 November 2015. Three matters were raised: free education, outsourcing and police brutality. The responses are as follows:
1.Free education for the poor
Your demand for free education is a noble and legitimate one and a positive act to affect transformation in the higher education domain. Transformation is a dynamic and continuous process and unlikely to be exacted in a single swoop. We walk the entire journey of fundamental change with you. Your protests have highlighted the urgent need for the rapid acceleration of the progressive realisation of free higher education for poor students at undergraduate level.
The demand for no fee increment for 2016 objectively demonstrates that the exorbitant cost of education is unbearable for the poor and working class in the light of a muted economic situation. Your demand has a catalytic effect to ensure that government expedite efforts to regulate fees in the higher education terrain. Since the adoption of the strategic apex priority for free education for the poor, government established a dedicated Department for Higher Education and Training to help undertake this task.
The National Student Financial Aid Scheme (NSFAS), since its inception has spent R50 billion, benefiting 1.5 million student. Between 2004 and 2015, university funding has significantly improved from R9.879 billion to R30.338 billion.
Government has committed to free higher education for the poor undergraduate level and its phasing in requires urgent consideration of funding mechanisms. The Minister of Finance has during the delivery of the Medium Term Expenditure Framework statement, asserted that he had requested for advices on Wealth Tax. In this connection, we will further consider radical proposals including Corporate Education Tax, increasing the skills levy and general reprioritization in government in order to fund this number one priority in the country.
2.Outsourcing of services
The University of Cape Town (UCT) Management and organised labour have concluded an agreement in respect of insourcing of auxiliary services, namely, cleaning services, residences and university buildings, catering in student residences, grounds and gardening services, campus protection services and student and staff transport services. The insourcing will be phased in upon the expiration of the prevalent services with external service providers.
The issues you raised regarding outsourcing of services are legitimate aspirations that seek to assert the betterment of conditions of services of workers. Your petition or memorandum is taken seriously. In this context, we will circulate your memorandum with all Institutions of higher learning for due consideration. We urge for meaningful and constructive engagement to deal with these important matters.
Structures of governance in Higher Education Institutions (HEIs) are currently involved in negotiations with relevant stakeholders to deal, with amongst, others outsourcing of services.
In this connection, the Minister of Higher Education and Training, Dr BE Nzimande, has appointed a Task Team to seriously scrutinize into the matter of outsourcing in the Higher Education Institutions (HEIs), you will be kept abreast of developments and progress in this regard.
3.Police brutality
This matter has been referred to the Acting Commissioner of Police, General KJ Phahlane. Nonetheless it is noteworthy that the South African Constitution contains a Bill of Rights that binds citizens and the State alike. In terms of section 7(2), it is peremptory that the State must respect, protect promote and fulfil the rights in the Bill of Rights. Section 19 (1) (c) provides for the right to campaign for a political cause as the one evident in your aspiration for free Afrocentric socialist education. Equally importantly, students as everyone have a right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. Thus, we cannot criminalise lawful and legitimate protest by students.
The Department of Higher Education and Training does not have the authority to withdraw criminal charges against any students, as we did not open any charges in relation thereto. Once charges have been preferred, it is the prosecuting authority that has the legal authority to deal with the matter. We note that the University of Cape Town (UCT) has withdrawn charges. We urge students to respect the law and the Constitution of the Republic when engaging in protests to avert confrontation with the Security agencies and for police to exercise restraint when engaging with peaceful protesters.
The South Africa Government has already committed to the progressive realisation of free higher education for the poor to undergraduate level. This strategic apex priority originates from legitimate struggles by South African students. We urge you to return to classes and begin preparation for the final academic examinations whilst our institutions are thrashing out these matters. The Portfolio Committee for Higher Education encouraged police to act with restraint during student protests. In the same vein, we urge students to act within the boundaries of legality in advancing their aspirations.
