Legislative and Other Mandates

1.1 The Department derives its Core mandate from the Constitution. The Department is currently guided by over nine (9) pieces of legislation.

Section 29 of the Constitution of the RSA states:

1.1.1 Everyone has the right:-

• to a basic education, including adult basic education; and
• to further education, which the state, through reasonable measures, must make progressively available and accessible.

1.1.2 Everyone has the right:-

• to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation
  1. equity;
  2. practicability; and
  3. the need to redress the results of past racially discriminatory laws and practices.

1.1.3 Everyone has the right:-

• to establish and maintain, at their own expense, independent educational institutions that do not discriminate on the basis of race; are registered with the state; and maintain standards that are not inferior to standards at comparable public educational institutions.

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1.1.4 The following list of Acts further elaborates the legislative mandate of the Department.

• National Education Policy Act (No. 27 of 1996):

  It provides for the determination of National Policy for education, determine policy on salaries and principles that govern education.
   

• South African Schools Act (No. 84 of 1996):

  To provide for a uniform system, for the organisation governance and funding of schools, to amend and repeal certain laws to schools, and to provide for matters connected therewith.
   

• Mpumalanga School Education Act, 1995:

  It provides for development of regulations and policies within the province and it is in line with the South African Schools Act No. 84 of 1996.
   

• South African Qualifications Authority Act No. 58 of 1995:

  It provides for development and implementation of a National Qualification Framework and for this purpose to establish the South African Qualifications Authority, and to provide for matters connected therewith.
   

• The General and Further Education and Training Quality Assurance Act (No. 58 pf 2001):

  To provide for the establishment, composition and functioning of the General and Further Education and Training Quality Assurance Council; to provide for Quality Assurance in General and Further Education and Training.
   

• Further Education and Training Act (No. 98 of 1998):

  To regulate Further Education and Training and provide for the establishment, governance and funding of Public Further Education and Training institutions.
   

• Public Service Act of 1994:

  The Public Service Regulations of 2001 set up a regulatory framework underpinning the operations of the department in the discharge of its mandate.

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• Public Finance Management Act:

  To regulate financial management in the national government and provincial governments; to ensure that all revenue, expenditure, assets and liabilities of those governments are managed effectively and efficiently.
   

• Employment of Educators Act (No. 76 of 1998):

  To provide for the employment of educators by the state and for the regulation of the conditions of service, discipline, retirement and discharge of educators.
   

• Employment Equity Act (No. 55 of 1998):

  It provides for the redress on the discriminatory laws and practices, disparities in employment occupation and income within the National Labour Market.
   

• Skills Development Act (No. 97 of 1998):

  It provides an institutional framework to devise and implement national; sector and workplace strategies; to develop and improve the skills of the South African workforce; to integrate those strategies within the National Qualifications Framework contemplated in the South African Qualifications Authority Act 1995; to provide for learnerships that lead to recognised occupational qualifications; to provide for the financing of skills development by means of a levy grant scheme and a National Skills Fund; to provide for and regulate employment services; and to provide for matters connected therewith.
   

• Adults Basic Education Act (Act 52 of 2000:

  To regulate adult basic education and training; to provide for the establishment, governance and funding of public adult learning centres.

1.2 Core Business

To provide an education of progressively high quality for all learners and so doing lay a strong foundation for the development of all our people talents and capabilities and advance the democratic transformation of society.

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