Issued by: Department of Education
The national Department of Education will schedule another set of public meetings in Cape Town to discuss the proposed new governance system for public schools.
The meetings are part of a programme of 55 meetings being conducted by the Department at centres throughout the country. Well attended meetings were conducted successfully in Northern Province earlier this week.
The Department made its decision to repeat the Cape Town process after receiving a full briefing from the negotiating teams which conducted meetings yesterday at four Cape Town venues. At Pinelands the meeting went off without a hitch. Those at Mitchell's Plain, Bellville and Rondebosch were hit by protests and walkouts.
Despite the walkouts, the meetings continued at all four venues and concluded normally. All views conveyed to the negotiating teams have been recorded for further consideration.
The Department appreciates that many governing body members were indignant at the late or non-arrival of documents, and the late notice of the meetings. Whether their interests were best served by some persons' disruptive behaviour is another matter.
The Department has previously acknowledged the slow delivery of copies of the Ministry's proposals, including the draft South African Schools Bill, to all public school governing bodies throughout the country. The documents were gazetted in late April and mailed by a mass-distribution company in the first half of May.
We regret that, despite our best efforts, the physical arrangements for the Cape Town meetings were concluded late, resulting in late advertising of the venues and telephonic information to schools.
All nine provincial education departments agreed to assist the national Department in the selection and preparation of venues, as well as introducing members of the visiting negotiating teams on the day. The national Department has had an advance team on the road, physically checking venues with their provincial counterparts. Experience thus far indicates that close and timely co-operation between officials of the two departments is essential to ensure good organisation.
I have fully discussed the problems associated with Wednesday's meetings with Mr Brian O'Connell, head of the Western Cape Department of Education, and we have also discussed the date and advance procedures for the next Cape Town meetings. We shall keep in close touch. I am sure that venues can be secured and advertised in good time.
Meanwhile, in order to ensure that not only all governing bodies but large numbers of the general public can be properly informed, the Department of Education last week took the unusual step of arranging to publish the draft South African Schools Bill, and the Minister's document on public school governance, in Rapport and the Sunday Times this coming Sunday.
The Department is absolutely determined to fulfil the government's obligations in terms of the Interim Constitution, to reach agreement through bona fide negotiation with public school governing bodies about proposed alterations to any existing rights, powers and functions. If agreement is not reached, the Constitution empowers the government to proceed, and gives aggrieved parties the right of legal recourse.
Governing body representatives who suggest that the Minister or his officials are taking this process lightly should reconsider. It is unthinkable that a state department would recklessly lay the government open to the charge of negotiating in bad faith. From the earliest months of the life of this government, the Minister and his Department have been publicly committed to see this extraordinary process through in an honourable manner.
The errors which occur along the way are not and will not be errors of bad faith. They owe something to the unprecedented nature of what is required in order to undertake a process of negotiating on complex matters with more than 27 000 public schools. Errors along the way are acknowledged and, wherever possible, are being remedied.
The Constitution requires good faith to be demonstrated by both parties to the negotiation-both government and the governing bodies.
Some governing bodies insist that the government must negotiate the very process of negotiation before it can commence. Some insist that section 247 of the Constitution requires the government to negotiate and agree changes in their rights, powers and functions with each public school governing body, individually and in person. Furthermore, some suggest that if amendments are made when the South African Schools Bill is in Parliament, such amendments must be brought back to the governing bodies and re-negotiated.
Education White Paper 2, approved by the government in February this year, made it clear that such an interpretation of section 247 would render the process absurd and interminable.
The Minister's negotiating document conveys his intentions to all governing bodies. They are invited to respond in writing. They are invited to attend scheduled public meetings, which are part of the negotiation process, where matters may be discussed. The government will engage in good faith with all submissions in order to improve the draft Bill, and table amendments to it at the Portfolio Committee stage, expected in August. Any governing bodyis free to make further submissions to the Portfolio Committee.
The suggestion that the draft South African Schools Bill strips parents of all powers and gives them to the government is a gross misrepresentation. This measure will enable a major devolution of responsibility from provincial education departments to newly-constituted, elected public school governing bodies throughout the country.
The Minister and his senior officials have met on many occasions with representatives of governing body associations in order to discuss these matters. Additional meetings will be scheduled before the Bill is in Parliament.
The Department of Education will also ensure that provincial education authorities are fully consulted in the process of amending the draft Bill.
Issued by Dr Trevor Coombe, Deputy Director-General: Systems and Resources.