Bill that allows the selling of liquor at schools faces backlash: report
The DA-led provincial legislature’s own legal counsel has advised against the adoption of the Western Cape Schools Education Amendment Bill.
According to a report by IOL, legislature legal adviser Andre le Roux said the clauses in the bill were in conflict with existing regulations contained in the national Schools Act – specifically those that deal with safety measures at public schools.
“The (national) regulations provide that no person may possess or use alcohol during any school activity. The regulations, in the definitions clause, define ‘school activity’ as any educational, cultural, sporting or social activity of the school, within or outside the premises,” Le Roux said in a legal opinion he prepared for the standing committee on education.
He added that national legislation supersedes provincial laws.
“Either the consumption of alcohol during school activities is absolutely forbidden (as the national act in its regulations clearly intend), or the consumption of alcohol during school activities is permissible under certain circumstances. It does not appear as though these provisions can coexist, on a reasonable interpretation, without conflict.”
Changes under the bill
The Western Cape Education Department held a series of public hearings on proposed changes to the Western Cape Provincial School Education Act in June.
The amendments included changes to definitions in the Act, and to the roles of heads of departments, district directors, principals, deputy principals, circuit managers and subject advisors.
However, the amendment which has arguably drawn the most attention is the proposal to allow the sale of liquor at schools under certain conditions.
Under the new rules, there would not be a general power for any school to allow the sale or consumption of alcohol at a school function.
However, schools that wish to, would be permitted to apply in writing to the head of department, which could then authorise a governing body or principal (in the case of a staff function) to permit the sale or consumption of alcohol.
Other notable changes in the bill are detailed below.
Schools Evaluation Authority
The bill establishes an evaluation authority to be known as the Western Cape Schools Evaluation Authority (SEA).
The SEA will independently evaluate schools and develop school evaluation reports which will trigger Departmental support and developmental actions.
This information will be available publicly to parents and communities. The aim is that, through working with the Organisational Development Team, we will have finalised the key job descriptions, job gradings, standard operating procedures and performance review processes over the next two months.
Intervention facilities
The bill allows for the establishment of intervention facilities for learners who have been found guilty of serious misconduct, as an alternative to expulsion.
Following expulsion learners are typically just accommodated in another school. Establishing an intervention facility as an alternative, will enable the learner to receive various therapeutic programmes and intervention strategies, specific to their situation, whilst still receiving an education.
Donor-funded schools
The bill makes provision for collaboration schools and the declaration of existing schools as collaboration schools by the Provincial Minister.
Further provisions have been made to allow for these contributors to be directly involved in matters pertaining to the governance of these schools and for the funding of posts for educators and non-educators appointed directly by the governing bodies of these schools.
Written consent
Under the new bill, a public school must obtain the prior written consent of a parent authorising the learner to attend a school activity outside of the school premises.
The one situation this will not apply is during ‘routine sporting activities’.
Western Cape Provincial School Education Amendment Bill 2018 by BusinessTech on Scribd
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