In 1995 Gauteng was the first province to pass post-apartheid legislation in education. In 1996 national legislation in the form of the South African Schools Act (SASA) was passed. Changes in education policy over the last 17 years resulting in amendments to SASA, and the Further Education and Training (FET) Act have resulted in aspects of Gauteng's educations laws being out of step with national policy and legislation.
For this reason the Gauteng Department of Education (GDE) has published amendments to Gauteng's laws, which will be tabled in the provincial legislature later this year. The amendments repeal in totality the Gauteng College Education and Training Act, 1998 (Act No. 13 of 1998) and the Examination and Assessment Act, 1997 (Act No. 7 of 1997).
Examinations are now the responsibility of the national Department of Basic Education and Gauteng administers these exams on their behalf. The FET function is in the process of migrating to the new Department of Higher Education.
The key amendments to the Gauteng Schools Education Act, seek to bring the following issues in line with the provisions of SASA:
- processes and procedures for the closure and merger of schools
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- processes, procedures and capacity programmes relating to school governing bodies including the ability of the department to provide training to strengthen these formations, and
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- measures the HOD may take if an SGB is unable or unwilling to carry out its functions in terms of SASA.
A recent case in point would be what happened at Cosmo Secondary School where GDE was forced to obtain a Supreme Court interdict to restrain the Governing Body for disrupting the school.
A second amendment relates to discrimination against children, whose parents cannot afford to pay school fees. The bill guides schools not to discriminate and exclude learners from excursions, sports, cultural activities, tests and examinations; suspension from classes; and verbal and non-verbal abuse.
A third area relates to ways in which the HoD can enforce compulsory school attendance and put in place measures to contain truancy in high risk schools and communities. This will enhance the powers of the department to deal with learners who are habitually late for class. Recent events in the Diepsloot area in general and at Itirele-Zenzele in particular has emphasised the need for these measures.
The bill also puts in place measures to guide schools in formulating language and religious policies in a non-discriminatory manner. Allegations of discrimination based on school language and religious policies have also been in the public domain in recent times.
The bill also revises the public participation provisions in line with the National Education Policy Act which clearly demarcates education policy making in the national sphere with provincial departments as implementing agents. In this regard the Bill repeals the provisions for the General Education and Training Council (GETC), District Education Training Council (DETC) and Local Education Training Units (LETUs). Instead the MEC is empowered by the new Bill to set up advisory structures when necessary.
Finally the Bill places an obligation on the Department to be timeous in processing applications to establish independent schools, and also puts in place measures to deal with schools that are operating illegally on a fly-by-night basis. This will enhance the abilities of those who want to establish bona fide institutions while at the same time making it more difficult for unscrupulous business ventures that prey on innocent parents.
The amendment bill is open for public comments until 10 October 2011.
