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Provincial Gazette for Western Cape No. 7666, 25 August 2016, Page 12

20160825 - Provincial Gazette for Western Cape No 7666 of 25-August-2016, page 12

Page	12 of 44
Gazette	Provincial Gazettes (Western Cape), No 7666, from 25 August, 2016

12                         Province of the Western Cape: Provincial Gazette Extraordinary 7666  25 August 2016

MEMORANDUM ON THE OBJECTS OF THE DRAFT WESTERN
                         CAPE PROVINCIAL SCHOOL EDUCATION AMENDMENT BILL,
                                                        2016

1.  BACKGROUND
                            1.1 The Provincial Minister responsible for education in the Province identiﬁed
                                the review of provincial education legislation as a strategic priority for the
                                Western Cape Education Department.

1.2 The Draft Western Cape Provincial School Education Amendment Bill, 2016
                                (the Draft Amendment Bill), proposes to amend the Western Cape Provincial
                                School Education Act, 1997 (Act 12 of 1997) (the principal Act), in order to
                                align it with developments in the education landscape, and to ensure that
                                systems of learning and excellence in education are put in place in a manner
                                that respects, protects, promotes and fulﬁls the right to basic education
                                enshrined in section 29(1) of the Constitution of the Republic of South Africa,
                                1996. The Act does not make provision for current provincial policy on
                                education in certain respects.

2.  OBJECTS OF THE BILL

The Draft Amendment Bill proposes to amend the principal Act in order to provide
                            for the matters envisaged in paragraph 1.2 and to make certain technical
                            amendments. The salient objects of the Draft Amendment Bill are to make
                            provision, inter alia, for:
                            2.1 monitoring and support of curriculum delivery in the classroom;

2.2 the establishment of an independent body to be known as the Western Cape
                                Schools Evaluation Authority;
                            2.3 the establishment of collaboration schools and donor funded schools; and

2.4 the establishment of intervention facilities to which learners who have been
                                found guilty of serious misconduct may be referred in certain circumstances.

3.  CONTENTS OF BILL

3.1 Clause 1 provides for the deletion of the deﬁnition of ‘‘adult education’’ and
                                the insertion of deﬁnitions for: ‘‘assessor’’, ‘‘Chief Evaluator’’, ‘‘circuit
                                manager’’, ‘‘collaboration school’’, ‘‘district director’’, ‘‘donor’’, ‘‘donor
                                funded public school’’, ‘‘intervention facility’’, ‘‘operating partner’’,
                                ‘‘Schools Evaluation Authority’’, ‘‘school improvement plan’’ and ‘‘subject
                                advisor’’.

3.2 Clause 2 amends section 3 of the principal Act so as to delete the reference to
                                the South African Schools Act, 1996 (Act 84 of 1996).

3.3 Clause 3 amends section 4 of the principal Act by deleting the function of the
                                Provincial Minister in subsection (1)(b) to provide for adult education.

3.4 Clause 4 inserts a provision providing that speciﬁed officials may conduct and
                                authorise the monitoring and support of curriculum delivery in the classroom.

3.5 Clause 5 makes a technical amendment to section 11(4)(b) of the principal
                                Act.

3.6 Clause 6 inserts new provisions to permit the Provincial Minister to establish
                                an independent body to be known as the Western Cape Schools Evaluation
                                Authority (‘‘Schools Evaluation Authority’’) and to appoint a Chief Evaluator
                                and assessors thereto. This clause further provides for eligibility criteria for
                                the appointment, and the removal from office, of the Chief Evaluator and

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