National Assembly Cape Town: Thursday, 20 September 2007  

The IFP supports clauses 1 and 3 of the bill that allow the Minister to establish the National Education and Training Council as an advisory body.

If the Council can assure basic education and quality education, we support the fact that stakeholders need not be stipulated in the law.  

The IFP also supports clause 5 that allows the Minister to set minimum norms and standards for school infrastructure and capacity. 

It is common cause that violence in schools is out of control and for that reason the IFP supports the provisions for random searches and seizures and drug testing of learners. These provisions may infringe on human rights, but until such time as they have been tested in a court of law, the IFP supports their use to combat school violence. 

The IFP's real bone of contention with the bill is clause 8 which deals with the functions and responsibilities of principals of public schools. Our problem lies with the prohibition on the principal giving evidence against the Minister, an MEC or Head of Department where they are cited as parties to a case. 

The IFP is of the view that this provision will not pass constitutional muster because: 

1. it exceeds the criteria set by Section 36 of the Constitution; 

2. it nullifies the principle of separation of powers in that it encroaches on the powers of the judiciary;

 3. it does not serve the interests of justice and is incompatible with the principle of legality; and 

4. it is incompatible with the values and principles with which the public administration, and for that matter all organs of state, should comply. 

Accordingly, Madame Speaker, the IFP cannot support this bill in its entirety. 

Thank you