Deputy Chairperson, the Further Education and Training Colleges Amendment Bill seeks to amend the Further Education and Training Colleges Act, Act 16 of 2006. The administration and powers entrusted by the Further Education and Training Colleges Act of 2006 were transferred to the Minister of Higher Education and Training by Proclamation No 44 of 2009. Cabinet approved the amendment of Schedule 4 of the Constitution of the Republic of South Africa in order to make further education and training, FET, colleges an exclusive national competency, hence we have this amending Bill.
Chairperson, the Further Education and Training Colleges Amendment Bill has the following key objectives:
Firstly, the Bill seeks to remove all references to provincial authorities by assigning the functions of MECs to the Minister of Higher Education and Training and the functions of the Head of Department to the Director- General of the Department of Higher Education and Training, according to clauses 1 to 10 and 14 to 33. Secondly, the Bill further seeks to regulate the conduct of members of council and staff of public colleges engaging in business with the relevant public college. For instance, clause 8 amends section 10(9) of the Act in order to provide, among others, for a member of a council to declare, before she or he assumes office, any business, commercial or financial activities undertaken for financial gain that may raise a possible conflict of interest with the public college in question.
Thirdly, clause 8 adds several subsections to section 10. For instance, subsection 11 defines the immediate family of a member of a council as her or his parent, sibling or child, including an adopted child or stepchild, and spouse, including a life partner who is living with that member as if they were married to each other.
Fourthly, the Bill provides for the appointment of staff and transitional arrangements. For instance, clause 12 amends section 20(1) of the Act in order to empower the Minister of Higher Education and Training to appoint staff in the identified posts and to remunerate them from the funds allocated to the respective colleges in accordance with the norms and standards contemplated in section 23.
Lastly, clause 33 makes several amendments to schedule 1 of the principal Act. For instance, the Bill replaces "Every lecturer and member of the support staff" in section 36 of the schedule with:
Every member of staff employed in terms of the Public Service Act is subject to a code of conduct of public servants and disciplinary procedures provided for in terms of the Public Service Act and its regulations.
After the tabling of the Further Education and Training Colleges Amendment Bill before the Select Committee on Education and Recreation on 19 October 2011, the Select Committee on Education and Recreation, having considered the Bill, tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, recommends that the House approves the Bill. I thank you.
Debate concluded.
Question put: That the Bill be agreed to.
Declaration of vote:
Deputy Chairperson, I want to make a declaration on behalf of the Western Cape. On the Further Education and Training Colleges Amendment Bill [B 13D - 2011], new information has come to my attention in connection with this Bill, which has given me reasons not to support the Bill. The reasons will be provided in writing at a later stage. I thank you. [Interjections.]
Deputy Chairperson, I think that Mr De Villiers is now telling us that the Western Cape is not voting. He can just say that the Western Cape is against the Bill. We are not voting yet and that is not a declaration.
Deputy Chairperson, I am covered by what the Chief Whip has said, but let me add that I am surprised because hon De Villiers was part of the whole process. Thank you.
We shall now proceed to the voting. We shall do this in alphabetical order per province. Heads of delegation must indicate whether they are voting in favour or against, or are abstaining from voting.
Deputy Chairperson, I just want to put on record that when we dealt with the final mandate, the Western Cape voted in favour. [Interjections.] On the final mandate they voted in favour.
Hon Chaane, do you want to say something?
No, it has been covered.
Deputy Chairperson, on a point of clarity: I don't understand the term "abstaining technically". I am serious when I say that. I don't understand what Mpumalanga meant by that. Thank you.
Hon Bloem, I think this is clear, but, if you need further information, the Chief Whip of the Council will give you that. Right now we are dealing with what is happening in the House.
Deputy Chairperson, perhaps we will need your guidance for future clarity. This is a section 76 Bill. In regard to this Bill, provinces are expected to submit mandates that give a directive as to how their members should vote. In this case we are being told, reliably so, by the chair of the committee that in the mandate received, the Western Cape directed that the Bill be supported, but the member in this House is voting against the written mandate from the speaker of that province. Can we be guided, Chair?
My understanding is that the mandate rules. I will allow the Chief Whip to come in on this.
Hon members, let's allow the Western Cape to vote against this Bill - it is their provincial right to do so. Although they agreed in the committee, the last mandate is the one they are voting on now and here.
Furthermore, let me explain the technicality - it is about the Bill. They used the wrong version of the Bill on which to base their mandate, and that is why they are saying "technically". It is a technicality. That is why she is not saying that they are voting against it, but that they are abstaining, because there was a technicality with the Bill - it should have been another version, whether C or D. That is all.
Deputy Chairperson, I am a permanent delegate from the Western Cape and my instructions come from the Western Cape.
Order! Order! Point of order! [Interjections.]
Hon members, please be calm. Just be calm.
Deputy Chairperson, I wanted to raise a point of order.
Hon Tau, I am coming to you. There is a lot of grumbling here. Please, can we be cool-headed and deal with this Bill in that way? We have to deal with this amicably.
Deputy Chairperson, on a point of order: You made a ruling. I don't know what the objection from the hon De Villiers is. You made a ruling and we support that ruling. That is why I was calling the hon De Villiers to order. I don't know what he is saying. Thank you.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Northern Cape, North West.
ABSTAIN: Mpumalanga.
AGAINST: Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.