Presentations at Public Hearings of the PC DHET held on 11 September 2012

1. Response by DHET to the Public Comments Submitted to the Portfolio Committee on Higher Education and Trainingincluding the oral submissions of 11 September 201212 September 2012

2. Presentations at Public Hearings of the PC DHET held on 11 September 2012

3. Workers College • Proposing that the definition of a college needs to be expanded to include civil society education organizations as providing a public function. • WC arguing that organizations should also be called public as they associate private as “for profit”. • In terms of the constitution only two types of institutions are named that is public (established by the state) and independent. The term “private” finds itself defined in the FET and AET Act. • The discourse raised by WC is a substantive policy issue and should be dealt with through the Post School White Paper Process. • Proposing that programme levels 1-5 to be offered in Continuing Education and Training (CET) instead of the 1-4 that the bill proposes. • A private College could provide level 5 qualifications if they take on dual registration as FET and HE institution and accreditation of that qualification by the CHE.

4. Education South Africa/SAYTC • The whole issue is about recognition and accreditation. • It seems this group is not aware that they can be registered as private FETCs or HEIs or accredited as Skills Development Provider. • The Department will provide the necessary information to them.

5. South African Women in Cooperatives • Generally very positive in regards to Community ET Colleges • Interested in being deeply involved with CETCs dealing with Cooperatives. • The Act is flexible enough to deal with emerging policy discourses

6. South African National Apex Co-operationSANACO • Generally very positive in regards to Community ET Colleges • Interested in being deeply involved with CETCs dealing with Cooperatives. • The Act is flexible enough to deal with emerging policy discourses

7. Written submissions to the Parliamentary Public comments of which no oral presentations were made.

8. Auditor General • The comments of the AG are being responded to below in the same order as arranged in their submission on FETCA Bill • They propose that Minister consult with SAIVCET in establishing Colleges – Agree therefore clause 2 (a) needs to be amended to read ”The Minister may, after consultation with SAIVCET, by notice in the Gazette…” • In regards to 43D (3) – Agreed • In regard to section 43E(2) – Agreed and there amend the clause to include the cut of date of “31 August” of each year in accordance with the PFMA. • In regards to 43E(6) – Section 47(4)(c) of the PFMA, specifically excludes public higher education institutions and NOT FET institutions or institutes from being listed as a public entity. The envisaged institute, on the other hand, will in the main receive public funds , perform a public function and therefore qualifies to be listed as a Public entity in terms of the PFMA. Note the institute is not an institution in terms of the HE Act.

9. Auditor General • In regards to section 43E(7) – agreed, as such measures are already in the PFMA and regulations thereto. The clause should be amended to “The accounts, financial statements and records of the institute must be audited annually [as provided for in the Public Audit Act, 2004 (Act No. 25 of 2004)].” • In regards to 43F(1)(a) – agreed the word “difficulty” may be a problem, however their 1st proposal requires actions that can only be determined if there is an investigation, this clause is intended for an action prior to investigation and the alternate proposal is too detailed and may by limit scope of general financial issues. We thus propose replacing the term “difficulty” with “impropriety”. “The inclusion of some may mean the exclusion others” • In regards to 43G(2) they aver that the words “and continuing education and training in an open and democratic society” does not flow and suggest it should be deleted. They may have omitted to consider that the concept of “continuing education and training” is defined in the bill and it is necessary for the Minister to weigh up all competing interests when taking this decision.

10. Auditor General • In regards to 43I the AG may have construed this clause to mean that the Minister will have to determine the remuneration and allowances in concurrence with the Minister of Finance in each and every case. Currently the Minister of Finance has established rates and tariffs which are applicable in these cases. This clause merely provides for the Minister to consult the Minister of Finance if the remuneration and allowances are above the determination of the Minister of Finance. The perceived delay will only occur if there is a deviation from the norm.

11. Auditor General • The comments of the AG are being responded to below in the same order as arranged in their submission on HETLA Bill • Some comments are a repeat of the FETCA Bill and are not repeated. • In regards to 38(H) and 38 (i), section 47(4)(c) of the PFMA, specifically excludes public higher education institutions and NOT the envisaged NIHE institutes from being listed as a public entity. The envisaged institutes, on the other hand, will in the main receive public funds , perform a public function and therefore would qualify to be listed as a Public entity in terms of the PFMA. Note the institute is not an institution in terms of the HE Act.

12. Higher Education South Africa - HESA • Generally in support of the HELA Bill • Fundamental matter is that the powers and functions of the Institute in section 38B should include specific functions and powers relating to the scope and application of the NIHEs generally and the definition of a National Institute. • In regards to the need for specific functions for the institutes we suggest that the current provision in 38B(d) could be amended to require the Minister to prescribe through regulations the specific powers, duties and functions of the specific NIHE that is established in terms of section 38A(3).

13. Higher Education South Africa - HESA • In regards to Governance HESA proposes that at least two members must be representatives from the Higher Education Sector. • Agreed substantially that section 38C be amended as follows: “The board of the National Institute for Higher Education consists of: (a) a chairperson; [and] (b) not more than ten ordinary members; and (c) at least two of the members contemplated in (a) and (b) must have specific knowledge and experience generally in higher education and specifically in the scope and application of the Institute • Funding issues. The current legislation provides sufficient measures for the Minister to consult with the CHE, the Minister of Finance and determination of policy for public HE in a transparent and fair manner.

14. Adult Learning Network – FETCA Bill • Very supportive of all amendments and indicate bill addresses their wishes. • Their concern of the absence of the mention of Adult Basic Education will be deleted from the legislation is not correct as it is guaranteed in section 29 of the Constitution. • All the other issues raised are policy and implementation issues

15. SAQA • Generally positive in regards to both bills • Proposes rephrasing of Section 43B(1) l in regards to the functions of the SAIVCET from “provide management, leadership, and operational training at all levels for” SETAs to “facilitate access to” in place of “provide”. • DHET cannot comment as no motivation is provided for this. • In the scope of the SAIVCET we need to take care that its mandate does not overlap with other organizations and entities. • SAICET will support institutions in fulfilling their mandate, and not execute mandates of other departments or entities

16. Nehawu • Generally support the bill, and specifically the SAIVCET • Requires the SAIVCET to provide annual reports to Parliament. • In terms of the PFMA, SAIVCET will fall within the definition of a public entity in terms of the PFMA and therefore will be required to comply with the reporting and other requirements of the PFMA, including reporting to Parliament if so determined by the Minister of Finance

17. SADTU • General support for FETCA bill • Makes implementation suggestions which the DHET will take up. • HELA bill - some comments confused role on the National Institute for Higher Education with Public Higher Education Institutions. • It is not envisaged that NIHE will register any students or provide education and training • Interests of student should also be taken into account where reference is made to the interests of NIHE and Higher Education and Training - Section 38K. • “Higher Education and Training” does mean all aspects including students

18. SADTU • Requires that the Bill must provide limitations or qualifications when the NIHE is closed. • The closure of a NIHE is an administrative decision which requires that the Minister can take that decision only after giving the NIHE an opportunity to comment on his impending decision and if there is a sound reason to justify his decision.

19. Vryheid's District Examination • Raise issues in regards to definition of AET educators, their qualifications requirements, their functions and the legislative requirements. • are currently covered in the AET and these personnel would then fall under the definition of lecturers. • Propose that AET practitioners should be recognised as educators in terms of the South African Schools Act (that is the Employment of Educators Act) • The EEA is not under the control of the Minister of Higher Education and Training, however staffing measures applicable to lecturers can deal with conditions of service etc in terms of the Public Service Act

20. Umfolozi College • Proposing that programme levels 1-5 to be offered in Continuing Education and Training (CET) instead of the 1-4 that the bill proposes. • A private College could provide level 5 qualifications if they take on dual registration as FET and HE institution and accreditation of that qualification by the CHE. • In regards to section 1(g) of, the FETC Act, they propose that full time, part time and distance learning and in addition open learning must be defined. • The former three are clearly defined in policy. • It must be clarified whether campus managers are lecturers • The lecturer establishment as provided in section 20 of the act will determine that the person occupying such post is a lecturer, this will include any management staff classified as lecturers in the establishment. • Concern that if Principal is chairperson of academic board it could lead to a conflict of interest. • The Principal is the “chief” academic at a college and must lead in terms of the academic aspects of the college. No conflict is apparent

21. Individuals • Halalisani Michael Zulu • Make broad statements about access to and affordability education in rural areas, these are not directly related to the bills. • Thembisile Vinah Zwane • Makes only statements no proposals or concerns raised

22. Adult Learning Network • Only repeated the aims of the amendment without any comment

23. THANK YOU SIYABONGA