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Briefing to the Select Committee on Education and Recreation Wednesday 1 st September 2010

This briefing covers the legal responsibilities of the Minister of Higher Education regarding the transfer of functions from SETAs and FET colleges. It discusses the legislation, advantages of this transfer, transitional arrangements, and financial implications.

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Briefing to the Select Committee on Education and Recreation Wednesday 1 st September 2010

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  1. Transfer of Sector Education and Training Authorities (SETAs) and the Functions of Further Education and Training Colleges to the Department of Higher Education Briefing to the Select Committee on Education and Recreation Wednesday 1st September 2010

  2. LEGAL RESPONSIBILITIES OF THE MINISTER OF HIGHER EDUCATION AND TRAINING • Presidential Proclamations (PP 44 of 2009, PP 48 of 2009 and PP 56 of 2009) were promulgated in which the administration, powers and functions entrusted by the national legislation applicable to education and training were transferred from the Minister of Education and the Minister of Labour to the Minister of Higher Education and Training.

  3. Transfer of Functions of Further Education and Training Colleges

  4. Education Legislation Assigned to Minister of Higher Education and Training • In terms of Proclamation 44 of 1 July 2009 and section 97 of the Constitution, the administration and powers and functions of the following legislation were transferred to the Minister of Higher Education and Training: • National Education Policy Act, 1996 (Act 27 of 1996) • Higher Education Act, 1997 (Act 101 of 1997) • Employment of Educators Act, 1998 (Act 76 of 1998) • National Student Financial Aid Scheme Act, 1999 (Act No. 56 of 1999)

  5. South African Council for Educators Act, 2000 (Act No. 31 of 2000) • Adult Basic Education and Training Act, 2000 (Act No. 52 of 2000) • General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001) • Further Education and Training Colleges Act, 2006 (Act No. 16 of 2006) • National Qualifications Framework Act, 2008 (Act No. 67 of 2008).

  6. FET COLLEGES AS AN EXCLUSIVE NATIONAL FUNCTION • Cabinet in June 2010 agreed that work should begin on a constitutional amendment to make FET Colleges an exclusive national function. • The need to make all legislation applicable to “post school” education an exclusive national competency was confirmed on the basis that an integrated approach is needed to deliver quality education and work related skills.

  7. ADVANATGES • There are a number of advantages to designating statutory powers and functions relating to FET colleges as an exclusive national competence.  These include: • improved planning and articulation with the university and the skills development sectors, and • the development of a clearer mandate for the delivery of intermediate skills for young people.

  8. TRANSITIONAL ARRANGEMENTS • The FET Act remains in place, and the DHET is working closely with provinces to support them in the responsibilities they have in terms of the Act.   • MoU have been signed between: • The Minster and the MECs • The DG and the HoDs • A MINMEC (HET) and a HEDCOM (HET) are in place • All MECs approved of the transfer of function

  9. FET CONDITIONAL GRANT • The Cabinet decision follows the shift in funding of FET Colleges through conditional grants on the budget of the Department of Higher Education and Training through the Division of Revenue Act, 2010 from the 2010/11 financial year in anticipation of the functional shift which was announced in the Medium Term Budget Policy Statement by the Minister of Finance in 2009. 

  10. Transfer of Sector Education and Training Authorities (SETAs) to the Department of Higher Education

  11. LEGISLATION TRANSFERRED FROM DEPARTMENT OF LABOUR

  12. CURRENT SITUATION • Minister HET has been responsible for the administration of the SDA since 1st November 2009 • DH DoL was the accounting officer until 31 March 2010 • Staff from the branches Skills Development, National Skills Fund and Indlela were transferred from 1st April 2010 • DG HET the accounting officer from 1st April 2010

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