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20 September 2007

Madam Speaker, the Bill before you today has been endorsed by many stakeholders. The Bill seeks to strengthen the statutory measures that support quality in education, sets out roles and functions of school principals as key managers in schools, and provides measures directed at curbing the scourge of drugs in our schools.

The key features of the Education Laws Amendment Bill are the following.

1 Consultation on policy through National Education Policy Act (Nepa)

The first key feature of the Bill concerns the bodies that the minister is required to consult in the formulation of policy. The Nepa currently has two sections; section 5 and section 11, which can be read against one another. They are not elegant in formulation and cause confusion as they appear to contradict each other. To remove that confusion we offer a simpler formulation that makes it clear that the Minister of Education may establish a National Education and Training Council and other bodies to advice on any policy matter.

Concern has been expressed in some of the submissions, as it is believed that the minister determines policy alone.

Honourable members know that the minister does not make policy without consulting the public and stakeholders. Currently, trade unions and others engage with the minister in a wide range of bodies, the Education Labour Relations Council and the Forum for National Governing Body Associations as key examples. I am also pleased to inform members that we have already taken steps to establish the National Education and Training Council (NETC).

2. Norms and standards for capacity and school infrastructure

The second key feature of the Bill is the setting of norms and standards for capacity and infrastructure in schools across the country. Section 5 is designed to guide implementation in the provision of infrastructure for learning. It is our intention to alter the character and quality of school facilities in South Africa. The three parliaments of our young democracy have played a vital role in ensuring that resources are made available for the provision of school resources. Much has been done to redress past imbalances. We have come a long way as the recently published National Education Infrastructure Management System (NEIMS) report has revealed. In terms of success the report states:

* the number of overcrowded schools has fallen from 51% in 1999 to 24% in 2006
* the number of schools with electricity has increased from 11 174 in 1996 to 20 713 in 2006
* the number of schools without water has fallen from 8 823 in 1996 to 3 152 in 2006
* the number of schools without on-site toilets has fallen from 3 265 in 1996 to 1 532 in 2006.

Much still has to be done.

The challenges we have to attend to are as follows. It is clear from the report that even as we built new schools we continued in some cases to perpetuate the apartheid design of education facilities. Section 5 of the Bill on norms and standards for schools clearly sets out our demand that all schools must have libraries, laboratories and other learning facilities.

NEIMS also revealed that we have hundreds of very small schools in South Africa and this is an inefficient use of human resources. Furthermore, we have some severely crowded schools that make learning and discipline difficult if not impossible. The Bill once signed into law will allow us to set minimum norms for class sizes in a particular phase or quintile. We plan to ensure that we relieve teachers of overcrowded classes and create conditions for effective teaching.

There is no point is setting norms and standards, if there is no mechanism in place to enforce them. Section 58C requires an MEC and a Head of Department to comply with the norms and standards relating to schools prescribed by the Minister. It also requires MECs to report to the Minister each year on the progress made in complying with promulgated norms and standards.

3. Searching for dangerous weapons and illegal drugs

The third key feature of the Bill is the section that authorises school principals or a person they delegate to search pupils for dangerous weapons and illegal drugs and to seize them.

I am certain that given community concern about drug trafficking and drug abuse all members will support this Bill.

Regulations for safety measures at public schools were promulgated in terms of the South African Schools Act in 2001. Those regulations are now incorporated into the body of the South African Schools Act, because this Bill strengthens the measures.

Section 7 of the Bill creates legal certainty for schools that wish to address the growing presence of drugs in schools. The Bill is unambiguous about our resolve to fight the evil of drug abuse. Schools are supported to act, the rights of learners are protected, and our determination to put an end to drugs in schools is communicated.

Searching for weapons or drugs is allowed without a pupil's consent, but only on a reasonable suspicion that a dangerous weapon or drug is concealed by that pupil; and a search is only allowed under certain controlled circumstances.

The section will not address all our challenges on its own. Schools will need to intensify their life skills programmes and use non governmental organisations and other providers to support learners through awareness programmes.

There are members of the public who have expressed concern at this section. They believe the rights of learners may be infringed. The section does not aim to abuse rights; it aims to protect our children.

We will work closely with schools to develop common and agreed implementation strategies.

No one can argue against the need to fight drug abuse. The section is phrased in full awareness of our responsibility to protect learners from arbitrary searches. A search can only be made by a principal if she has a reasonable suspicion of finding a weapon or drugs. A pupil cannot be searched on the mere suspicion of having drugs or a weapon. If we allowed a search on the mere suspicion of finding a weapon, then we would have the following sorts of scenarios taking place. A teacher or principal could make the life of a pupil a misery, because he does not like him or his mother or the colour of his skin. He could subject the pupil to an endless series of humiliating searches each day in school.

We cannot have that; our constitution will not allow it. So we need to measure the level of suspicion that will attract a search. And that level of suspicion has to be a reasonable one. For example, it will be reasonable to search a pupil's satchel if it appears to contain weapons.

The power to search a pupil on a reasonable suspicion of finding an offensive weapon is found in many countries. For example, up until last year head teachers in the United Kingdom were only able to search pupils with their consent and were only empowered to ask pupils to give up suspect weapons. From this year the Violent Crime Reduction Act allows head teachers to conduct body searches without consent if there is a reasonable suspicion that they are carrying a weapon. They also have the power to screen pupils through the use of metal detectors.

The random search and seizure section in our Bill also allows a principal or her delegate to administer urine or other non-invasive test to a learner who is reasonably suspected of being under the influence of drugs.

There has been some debate about this, about the practicality of conducting urine tests and their cost.

There are schools that routinely test learners with their or their parents' consent. I had the occasion early this year to visit Stonefountain College here in Cape Town, where an excellent system is in place and one that many schools in the public sector will be able to follow.

4. Principal's responsibilities and functions

The fourth key feature of the Bill is the section in which a principal's responsibilities and functions are spelled out.

Honourable members, education issues seldom receive front-page treatment in our daily media.

This week was an exception. The Cape Times's front-page story on Tuesday was headlined "Major salary increases for teachers".

The last time the Cape Times chose to feature education on its front page was back in 2005 at the time of the world conference for principals. Then the headline was "We will fight you", Pandor told on 12 July.

The fighting talk was because some school governing bodies thought I had a plan to transfer some of their powers to principals. I had nothing of the sort in mind, but that did not stop the Cape Times from making it a front-page issue. What I said then was this:

"Part of our continuing difficulties may be related to the fact that our focus has been on the school governing body - it has not been on school leadership. When we developed new education legislation in the post-election period in 1995, we gave a great deal of attention to democratisation and very little attention to policies and practices that are related to our biggest challenge, the promotion of quality learning and teaching."

Today this Bill gives attention to these issues. It gives attention to school leadership and to the key role of the principal in the promotion of quality learning and teaching.
In defining the responsibilities of principals, I think we have made it clear that the principal is in charge of a school on behalf of the state and not the school governing body.

The clause has been modified in committee to allow principals to give evidence against the state, provided she is not called on to give evidence for the state. It seems to me to be eminently reasonable and a section that the Honourable Members on the other side of the house should have no compunction in supporting.

5. Under-performing schools

The fifth and final key feature of the Bill is the section in which we address the steps that will be taken in order to turn around an under-performing school. It sets out the formal steps that will be taken to direct a school on to the path of recovery. And these steps also include placing a failing principal on terms and providing him or her with assistance and support.

This section provides the basics for evaluating schools that are failing. It is a process that we have lacked for a number of years and a process that you find in almost every other country in the world. In the United Kingdom the process that is outlined in this section is called putting a school into "special measures". A school stays in "special measures" until the learning attainment of its pupils improves or the school sinks further into failure or worse, until it is closed.

We are about to establish a National Evaluation Unit that will support provinces in identifying under-performing schools and setting them on the path to recovery. I am pleased to note that some provinces have already begun to provide the building blocks for this process of evaluation. Secondary schools have been set targets for pupils' passes; officials have been set performance contracts on the same terms.

Honourable members, this Bill provide the essential framework for achieving quality education in our schools.

Issued by: Department of Education
20 September 2007
Source: Department of Education (http://www.education.gov.za)