National Education Policy Act

1. In this Act, unless the context indicates otherwise- (i) "Committee" . means the Heads of Education Departments Committee 5 -'~,_,_,...established by section 10; (vi). (ii) "consultative body" means a consultative body contemplated in section ll; (xiv) ··' '' r •• •.• ·.~· ·· t '· ' (iii) "Council" means' lheCo~~Cil ~f Educati~n Ministers established by section 9; (xiii) .. , ·•- , i: :.~'; · (iv) ••Department" means the Department of Education; (iii) ·:·· i.' · ~i q . .- 10 .. (v) '--~'Director~.Generae means the Director~General; Education; (iv)_~ (vi) ;·education". means any education and training provided by ~ education .. \.institution; other ·than training as defined in section' 1' of th·e Manpower' 1 t • .Training Act. 1981 (Act No. 56 of 1981); (viii) 15 (vii) "education department'~ means the Department and ·a department of any provincial government wh!ch is responsible for education; (ix) . (vi~~) /'education institutiqn". means any. institution providing _education, whether . . ' . . ·e;u.ly childhood 'education,: pnmary,' 'seeoridary, further, or nigher e.~u~_ation, l , •• ' .• .. ~<'·.-.:.other, thim."a uniyerSity' or technikon:· and also an institution "providing 20 specialised, vocatfonal, adult, distance or community education; (x) : .(ixJ;:: ~·educatorl: means any person who teaches, educates or trains other persons at; an education institution or assists in rendering education services or education auxiliary or support services provided by or in an education department, but does not include any officer or employee as defined in section I of the Public 25 Service Act, 1994 (Proclamation No. 103 of 1994); (xi) 4 No. l71J8 Act No. 27, 1996 GOVERNMENT GAZETIE, 24 APRIL 1996 NATIONAL EDUCATION POLICY ACT, 1996 (x) (xi) (xii) (xiii) (xiv) (xv) (xvi) (xvii) "Minister" means the Minister of Education; (vii)· "organised teaching profession" means an organisation or union which is a member of the Education Labour Relations Council established by section 6 of the Education Labour Relations Act, 1993 (Act No. 146 of 1993), and is recognised by the Minister for the purposes of this Act; (v) "policy instrument" means the policy instrument referred to in section 7; (ii) "provincial political head of education".means the member of an Executive Council responsible for education in a province; (xii) · "school" means a pre-primary, primary or secondary school; (xv) "stakeholder" means an organisation or body with a direct and continuing 10 interest in the education institution, programme, phase or sector in question; (i) "student" means any person _enrolled in an education institution; (xvi) "subcommittee" means a·subcoininit~ee of the Committee. (xvii) · · · · 5 Objectives of Act :2. The objectiveJ of the Act are i~ provide for- . . - '.- ·. -. the determination of national education policy by the Minister in accordance · _ : . · '. with certain principles; , _ · . • _ · (a) . . . ·. : .. . . ' '' (b) . the consultations to be undertaken,' prior to the determination-of policy, and the ·establishment of certain bodies for the purpose of consultation; the publication and implementation of national education policy; the monitoring and evaluation of education. (c) (d) D~te"!lination of national education policy by Minister ' . 15 20 3. (I) The Minister shall determine national education policy in ilccordance with the provisions of the Constitution and this Act. · , 25 (2) In determining national policy for education at education institutions, the Minister shall take into account the competence of the provincial legislatures in terms of section 126 of the Constitution, and the relevant provisions of any provincial law relating to education. · - - (3) Whenever the Minister wishes a particular national policy to prevail over the 30 whole or a part of any provincial law on education, the Minister shall inform the provincial political heads of education accordingly, and make a specific declaration in the policy instrument to that effect. (4) Subject to the provisions of subsections (1) to (3), the Minister shall determine national policy for the planning, provision, financing, staffing, co-ordination, manage- 35 ment, governance, programmes, monitoring, evaluation and well-being of the education system, and without derogating from the, generality of this section, may determine national policy for.:..:. · (a) education management information systems; including'the provision of data · · _ . · _ · · · (b) (c) in accordance with the international obligations of the government; the organisation, management and governance of the national· education system; facilities, finance and development plans for education, including advice to __ the Financial and Fiscal Commission; · (d)-- innovation, research and development in education; (e) (j) (g) the ratio between educators and students; the professional education and accreditation of educators; the organisation; management, governance,' funding, establishment and registration of education institutions; · -(h) compulsory school education; (i) ·· the admission of students to education institutions; which shall include the 40 45 50 .- .. ' . determination of the age of admission to schools; · (j) the minimum number of hours per day and days per year during which education shall be provided for different phases of education in education : institutions; . .. ,, : (k), co-ordination of the dates of school terms among provinces; . •. :(I) . curriculum frameworks, core syllabuses and education programmes, learning standards, examinations and the certification of qualifications, subject to the provisions of any Jaw establishing a national qualifications framework or a . certifying or accrediting body; . . . . , . . 55 60 6 No. 17118 Act No. 27,1996 GOVERNMENTGAZETna24APruL1W6 · • NATIONAL EDUCATION POLICY ACT, 1996 _ . , (m) language in education;· ; _,-_ - · · (n) control and discipline of students at education institutions: Provided that no . . , _ ,._. ., . person · shal_l·. administer: corporal . punishment, , or subject a. student to , 1 . , J : ~ psychological_or physical abuse at any education institution; - ... • • ; . . ; : . .: . ~-· . . . development, counselling. and guJdance _for education institutions, within the (q) education'support s~rvices, including health, weifare, career and vocational 5 .. · functional responsibility of a department of education; . . , (p), co-operinion b~tween the-Departnient and- ;· ,. ;~ . --,- , , · ..... ·. .. ' · · (i) other state departments; ; (ii) provincia!' education &partments; : .. · . : .·. ... • . .'. ! ',. . ' · (iii) · local government; and. ·: . ,-_ . (i~)' . no~~g?verninen~ ?rganis~tio~s. ~ .. , : , ·. : ;_ · ': · · . ·:·· ,. ; •. ·.·.~- . . . • : .•. ." _ ' ~ . · .' , ·, ; .'.: :, ··;_-· ," ; .:·.·. i I , .. .-, : o.' ' ' _i .· . . ' . : · • , 10 w1th a v1ew. to advancmg the nat10nal educatwn pohcy contemplated m thts section and the Reconstruction ·and Development Progranirlle;. ' . . . . · ' : international relations iri'th'e fidd of education; . •; 15 (q) (r) executive functions required to implement national education policy deter- . , mined in terms of this Act, including the implementation of measures to . ' . address past discriminatory practices. , .. ' .. . :. . , . - ~- · , . :\.~---·: _: .-._.· ;~ ··" ' .. •' • • : ;. , ~ ,t ..- _, . ~-- --. ·• .. \ . . , . •·• .· . • , , • , i 0 'I" • 1 ·. • · ." - . • , · , ~. , • I, · ... . . ,.., , · • :, ... i~ Directive principles of national education policy:· ··: t. _>· i : ;_ · 4. 'The l>oHcy coniin1p1ated in· ~ection· 3 shall be directed iowaro.::_ '·: · < .: ; -::: ~ . ' : 4 . _4 ~ . ·· . ·· . ; • • . .. :'·1· 1 : · :- ' . 20 • ! . (at the 'advancement" and protectio'n of the' fundamental rights; or' every person . guaranteed in terms of Chapter 3 of the Constituti<;m, and. lit terms of international conveinions ratified by Parliament, and in particular the right (i) of every person to be protecte'd against· tinfair discrimination \vi thin or by an education deparlrr!e.nt, or educ~tion inst~tu~ion on a!ly ground 25 whatsoever; · L. , .. - " · ... • · • · • • • • · ' - -- · •·:·-:-'· · , ... 'institUtions;,_,_,., ... :~·-.. · . ' (ii) of every person to. basic education and equal access to. education · ... ·= ., . :. ,._,_. ·'_··. -=· ··'. i· :., · · • ·. - . . .. ··· :" .,· ..... , ·"·:·: .,_ ·::· 'w'ard; (iii) of a parent or guardian in respect of the 'education' of his or her child or "' (iv) . ofevery chilcfm respeCt of his or' her education/ . "" . :: .. .· . : ' .. ~ .: ~~ ~ · (v) of every student to be mstructed m the language of hts or her ch01ce . . .. ; :·· ~~.: . ; '(vi}" of every pefSOn 'to the freedoms' Of COnSCience: :religion~ .though~ belief, _where thisis reasonably practicable;·,:: "'· · ' · ..... _., _ ·· .. .. ... •· ·:. .. <· .·· -'.'· ·- · . : ,. , ,., > .. . . . . . . . . . ·: . . : ·. . !. ·-.:. i i il ' . f ;·opinion; eipres'sion and 'assoCiation 'within 'education institutions; ,, ": ... (v'iij ofevery person t6' establish; where practicable,. education institutions . . ~ ' , -· ·,._,. -· '> · I . • . "' ' 35 based ori·a comirion language, culture or religion, as long as there is no .• \ ·. <. _!_·_-discrirni~~t!oh'o_n the'groimd of race;; ·.· ..... : '.. his or her choice within an 'education' institution; . ··. . .• •',' :-~ . .. ' (viii). of every person to use the language and partidpate in the cultural life of " ' ' . : : . (b)' 1enabling the education system to contribute'tothe frill personal development :·, r, of each student, and to the moral~ social~· cultUtal;' political ·~md economic .• development of the nation' at large, inCluding' the advancement of democracy, ,.: .. • ... ~ .. . ': . . : ', • ':. : · ·•· ' · • . : ::_ ··:; - humaiu1ghts and the peaceful resolution'of disputes;'· . . . (c)' .. achieving equitable education opportUnities :md the redress of past inequality 45 1 in' education provision; if!duding the promotion of gender equality and the (d) endeavouring to ensure 'ihat no person is denied the opportunity to' rec'eive an .. education to the. maximum of. his· or· her ability as a result of physical · ... ; .,_ · .:·.· .. . ·:' disability·'' · :· ... ·.::· advanceine'nt of the status of women'; ... ' · .,· · · ·' _ · ' . .. .' . ' . ... ' . ; . . . · ,., . . . . 50 , . . 40 . (e)': providh'tg; opportm1ities for ~d encour~ging IifeJorig learning; .. 'i (f) achieving an integrated approach to education arid traiitingwithin a n~tional .. -. . ' ~· qualifications framework; · _ · '· · ·' ·· . i : · · · ( '· , • . . -, 30 8 No. 17118 Act No. 27, 1996 , GOVERNMENT GAZETTE, 24 APRIL 1996 NATIONAL EDUCATION POUCY ACf, 1996 . (g) cultivating skills, disciplines and capacities necessary for reconstruction and development; (h) · recognising the aptitudes, abilities, interests, prior knowledge and experience . of students; . . (i) encouraging independent and critical thought; UJ promoting a culture of respect for teaching and learning in education 5 institutions; .. (k) promoting enqui.J:y, research and the advancement of knowledge; (I) enhancing the quality of education and educational innovation through systematic research and development on education, monitoring and evaluat- 10 ing education provision and perforniance, and training . educators and education managers; · · · . · · · · (m) ensuring broad public participation in the development of education policy and the representation of stakeholders in the governance of all aspects of the · · education systein; · . · · · . · · . · · · 15 (n) achieving the cost-effective use. of education. resources' and sustainable implementation of educationservices; . · ( o) achieving close co-operation between the national and provincial govern ments on matters relating to education, including the development of capacity in the departments of education, and the effective management of the national 20 education system. Consultation on national education policy · ,. ·-- 5. (1) Policy contemplated in section 3 shall be determined by the Minister after consultation with such appropriate consultative bodies as have been established for that purpose in terms of section 11 or any applicable law; and with- 25 the Council; ( a) (b). such national organisations representing college rectors as the Minister may recognise for this purpose; the organised teaching profession; (c) (d). such national organisations representing parents as the Minister may 30 recognise for this purpose; (e) such national organisations representing, students as the Minister may (j) recognise fcir this purpose; such other n~tional stakeholder bodies as the Minister may.recognise for this purpose. . . . . . . . . . 35 · (2) The policy contemplated in section 3 shall be determined by, the Minister with the concurrence of the Minister of Finance in so far as it involves expenditure from the State · · Revemie Fund. (3) Nothing· in this section shall lintit the discretion of the Minister to consult whomsoever he· or she wishes for advice on the determination of national education 40 policy.' · . · · · · · · · · .. · ' · ; · · · · · ' ConsUltation on legislation

6. Legislation on a matter referred to in section 3 shall be introduced in Parliament or, in the case of regulations; be published in the Gazette only after consultation between the Minister and- 45 the Council, in respect of education at education institutions; and (a) (b) . all the parties in the Education Labour Relations Council established by section 6 of the Education Labour Relations Act, 1993 (Act No. 146 of 1993), in respect of any matter falling within the objectives of that Act. ·~ . . . Publication of national education policy . ' 50 . . 7. The Minister shall within 21 days after determining policy in terms of section 3- (a) give noticeof such determination inthe Gazette and indicate in such notice where the )loiicy instrument issued with regard thereto may be obtained; table the policy instrument referred to in paragraph (a) in Parliamentwithin 21 days after the notice has appeared in the Gazette, if Parliament is then in 55 (b) 10 No. 17118 Act No. 27, 1996 GOVERNMENT GAZETIE, 24 APRII; 1996 NATIONAL EDUCATION POUCY ACT, 1996 ordinary session, or, if Parliament is not in ordinary session;-within 21 days after the commencement of the first ensuing ordinary session of Parliament. Monitoring and evalu~tion of educati~n 8. (1) The Minister shall direct that the standards of education provi~i~n, delivery and performance throughout the Republic be monitored and evaluated by the Department annually or at other specified intervals, with the object of assessing progress in complying with the provisions of, the Constitution and with national education policy, particularly asdetermined in temis of sectiori 3(3). . ' . . · , · · 5 (2) Each directive issued in ternis of subsection (1) shiJ.!l comply with the provisions of any law establishing a national qualifications framework, and shall be formulated 10 after consultation with the bodies referred to in section 5(1). · · '(3) Th~ Department shall undertake the monitoring and evaluation contemplated in subsection (1) liy analysis of data gathered by inearis of education· management information systems,. or by other suitable means, in co~operation with provincial departments of education. , · (4) The Department shall fulfill its responsibilities· in terms of subsections (1) to (3) in a reasonable manner, with a view to enhancing professional capaciti~s in monitoring and evaluation . throughout the national education system, and assisting th~ competent authorities by all practical means within the limits of available public resources to raise the standards of education provision and performance. . . · . · ' : : · · · · · · 15 · 20 (5) The Department shall prepare and publish a report on the_ results of. each investigation undertaken in terms of subsection (3) after providing an opportilnity for / the competent authority concerned to comment, which comment shall be published with . . the report.:·· ... , .. _ . , · . . . (6) If a report prepared in terms of subsection (5} indicates that the standards of 25. education provision, delivery and performance in a province do not comply with the Constitution or with the policy determined in terms of section 3(3), the Ministershall inform the provincial political head of education concerned and require the submission within 90 days of a plan to remedy the situation. . (7) A plan required by the Minister in terms of subsection (6) shall be prepared by the 30 _ provincial education department concerned in consultation with the Department, and the Minister shall table the plan in Parliament with his or her comments within 21 days of receipt, if Parliament is then in ordinary session, or, if Parliament is not in ordinary session, within 21 days after the commencement of the first ensuing ordinary session of Parliament. 35 • I - • • , • Council of Education Ministers, . ,, - ,. t . 9. ( 1) There is. hereby established a council, called. the . Council of Education Ministers, consisting_of-: ,, (a) (b) ., the Minister, who shall be the chairperson; the Deputy Minister of Education, if such Deputy Minister is appointed, who 40 in the absence of the Minister shall be designated by the Minister. as . chairperson; and . . , (. , .. , .: . . .. ; . ; (c) . every provincial political head of education. • (2) The Director-General shall attend meetings of the Council in order to report on the proceedings of the Committee, and to advise on any other matter relating to the· 45 responsibilities of the Department. · · · , · · · · (3) •The chairpersons of the Portfolio Committee on· Education in the. National Assembly and the Select Conimittee on Education in the Senate may attend meetings of the CounciL · ' (4) The functions of the Council shall be to- 50 (a) promote a national education policy which takes full account of the policies of the government, the principles contained in section 4; the education interests and needs of the provinces, and the respective competence of Parliament and the provincial legislatures in terms of section 126 o(the Constitution; · · (b) shareinformation arid views on all aspects of educa~on in the Republic; and 55 12 No: 17118 Act No. 27, 1996 ·; GOVERNMENT GAZETTE, 24 APRIL 1996 NATIONAL EDUCATION POUCY ACT, 1996 (c) co-ordinate action on matters of mutual interest to the national and provincial governments. (5) The Council may draw up such rules regarding the convening of its meetings, the frequency of its meetings, the procedure at its meetings, including the quorum for its· meetings, and any other matter it may deem necessary or expedient for the proper 5 performance of its functions or the exercise of its powers. · (6) The proceedings of the Council shall not be invalid merely by virtue of the fact that there is a vacancy in the Council. • Heads of Education Departments Committee 10. (1) There is hereby established a committee called the Heads of Education 10 Departments Committee consisting of- · · · · · (a) • the Director-General, who shall be the chairperson; ·'(b) the Deputy Directors-General of the Department; and '' (c) the heads of the provincial education departments. (2) The functions of the Committee shall be to-- . 15 (a) facilitate the developmentof a national education system in accordance with . · · the objectives and principles provided for in this Act; (b) share information and views on national education; (c) co-ordinate administrative action on . matters· of mutual interest to the· education departments; and . · : .. • 20 (d) . advise the Department on any matter contemplated in sections 3, 4, 5, 6, 7, 8 and 11 in respect of education, or on any other matter relating to· the proper 'functioning of the national education system. · (3) The Committee may establish subcommittees to assist it in the performance of its functions, and- 25 (a) may appoint persons who are not members of the Committee to be members of a subcommittee: Provided that the organised teaching profession shall be . invited to nominate representatives as members of each subcommittee; (b) · designate the chairperson of a subcommittee or direct that the chairperson be appointed by the subcommittee from among its members. · 30 ·. (4)(a) Meetings of the Committee shall be held at such times and places as the chairperson of the Committee may determine. (b) The proceedings of the Committee shall not be invalid merely by virtue of the fact that there is a vacancy in the Committee. · (c) If the chairperson of the Committee is absent from a meeting of the Committee,· 35 one of the Deputy Directors-General designated for this purpose by the chairperson shall take the chair at that meeting. · (5) The Committee may draw up rules regarding the procedure at its meetings, including the quorum for its meetings, and any other matter it may deem necessary or expedient for the proper performance of its functions or the exercise of its powers: 40 Provided that not less than four meetings per year shall be held. · Consultative bodies . 11. (I) The Minister may, subject to any applicable law, by regulation establish such bodies as may be necessary to advise him or her on matters contemplated in section 3: Provided that the Minister shall establish-,· · 45 (a) a body to be known as the National Education and Training Council; whose membership shall reflect the mairi national stakeholders in the national education system, to advise on broad policy and strategy for the development of the national education system and the advancement of an integrated approach to education and training; (b) such other bodies as may be necessary to represent the interests of particular 50 sectors of the education system. . ' (2) The composition, qualifications for membership, duties, powers and functions of a body established in terms of subsection (1), and the term of office of its members, shall be as prescribed by regulation: Provided that the bodies referred to in section 5(1)(c), 55 14 No. 17118 Act No. 27, 1996 : GOVERNMENT GAZETI'E; 24 APRil.: 1996 . NATIONAL EDUCATION POLICY ACT, 1996 shall be invited to nominate representatives to any such consultative body within their respective spheres of interest · . ·- - ·· _ -- -. (3) Different regulations may be made in respect of different bodies established under .. subsection (1). · , . · - -~ Allowances and remuneration of members of subcommittees and consultative· 5 bodies , ' } } I ; <

12. A member of a subcommittee or a consultative body, who is not in the full-time· employment of the State may, in respect of the services rendered by that member in connection with the affairs of the subcommittee or consultative· body, from money appropriated for that purpose by Parliament, be paid such travelling and subsistence and 10 other allowances, as the Minister, with the concurrence ofthe Minister of Finance, rnay determine. . · ·, .. ., . , .. - -,, . Administrative functions of Council, Committee, and consultative bodies ',. ;:-; . ! I ,, ,_: ·--. . : f . ~ ·' ' ' . _:·;_; · · - ' ' 13. ( 1) The administrative functions of the Council, Committee and each consultative body shall be performed by officials of the Department who are designated by the 15 Director-General for that purpose. : -· (2) The Director-General shall in. respect of the Council; Committee and each consultative body designate a Secretary under whose direction the other officials shall perform their functions.;·:·... - 1,, . · -· ' Amendment of Act 76 of 1984 ' ... : .. I ~ ' ;; -, --- : · .. --- . --- .L .- 20 14. (1) Subject to the provisions of subsection (2), the National Policy for General • Education Affairs Act, 1984 (Act No. 76 of 1984),is hereby amended to the extent set out in the Schedule. · -(2) Anything done under a provision of the National Policy for General Education Affairs Act, 1984, prior to the amendment thereof by subsection (1), shall remain in 25 force as if such amendment had not been made. , ' Short title

15. This Act shall be called the National Education Policy Act,l996 .. 16 No. 17118 Act No. 27, 1996 GOVERNMENT GAZEITE, 24 APRIL 1996 NATIONAL EDUCATION POLICY ACf, 1996 Number and year or law Act No. 76 of 1984 · .. ' SCHEDULE Short title'' · · Extent of repeal National Policy for General Edu~ 1. The substitution for section 1 catioD Affai~ Act of the following section: __ ,. . · .' ."Definitions 1. tn' this A.ci, uriieSs the con- text indicates otherwise- . ·~'department of educatiOn• means the departments of the nationa1 and provincial governments which are responsible for education; 'educator' means any person who teaches, educates or trains other persons at any . · school, technical co11ege or' teachers' training co11ege, or assists in rendering profes- . sional services or educational auxiliary services provided ; by or in a department of edu cation, but does not include any officer or employee, as , defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of ' . 1994); 'Minister' means the Minis· ter of Education.".

2. The substitution for section 2 of the following section:. ~· ; . "Determination of policy on - salaries and conditions of em· ployment or educators 2. (I) Subject to the provi- · sions of this section and the provisions of any law regard ing the financing of educa tion, the Minister may deter mine the national policy to be applied in respect of the salaries and conditions of employment of educators. (2) The policy contem plated in subsection (I) shall be determined by the Minis ter in accordance with the provisions of the Education Labour Relations Act, 1993 (Act No, 146 of 1993), and, if it involves expenditure from the State Revenue Fund, with the concurrence of the Minister of Finance.".

3. The repeal of sections 3, 4, 5. 6, 7, 8, 9 and 10. 18 No. 17118 Act No. 27; 1996 Number and year oflaw GOVERNMENr GAZETIE, 24 APRIL~ 1996 . NATIONAL EDUCATION POLICY ACT, I 996 Short title · • Extent of repeal I . . ;

4. The substitution for sectio~ I I of the following section:' _ _ "Short title . ,

11. This Act shall be called the National Policy on the Salaries and Conditions of Em ployment of Educators Act, 1984.".

5. The substitution for the long title of the following long title: "To provide for the determina tion of national policy in re- · spect of salaries and conditions of employment of educators; and for matters connected therewith.".