ACDP Parliamentary newsletter - 20 August 2003
Here is the latest news from Parliament:
1. Schools wary of government interference
2. State tertiary admissions agency a waste of money
3. National Health Bill could be controversial
4. Submissions on Liquor Bill welcome
Indien u sou belangstel om in te teken op die ACDP se weeklikse Afrikaanse e-nuusbrief, skryf aan Johan Kriel by johankriel@acdp.org.za. Hierdeur sal u op die hoogte bly van 'n wye verskeidenheid sake wat die ACDP landswyd raak.
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1. Schools wary of government interference
A review of previous Education Laws Amendment Bill submissions by the Education Portfolio Committee is necessary before further discussions and hearings can be held by the committee and only then should the decision be taken as to whether further submissions or hearings are necessary, says ACDP spokesperson on education Cheryllyn Dudley.
"The Bill has in fact been re-drafted since the previous submissions were called for and by rights, stakeholders should have an opportunity to comment on the new draft," said Dudley.
"We feel that the Bill undermines the powers of school governing bodies and further entrenches state control of education, which appears more and more to be the order of the day.
"This Bill proposes that public schools will have to apply for permission from the department of education in order to pay a teacher extra remuneration or benefits, giving the state the final say on this issue rather than the community.
"The anxiety school governing bodies and parents have over the diminishing powers of school governing bodies would appear justified. A School Governance Ministerial Review conducted at several schools around the country, found that communities are wary of the department's increasing encroachment on school management," Dudley said.
According to Dudley, the government operates according to a "use it or lose it" approach. In areas where parents are not sufficiently involved in the organisations, the department is likely to make alternate arrangements that bypass the immediate community.
"We encourage parents to get involved in schools and take ownership of their children's education," Dudley said. "The ACDP will remain committed to ensuring that parents have the final say in the education of their children and can make decisions which will impact the quality of education in their schools, rather than the state." Formal discussions and voting on the Bill are scheduled for September 2.
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2. State tertiary admissions agency a waste of money
Media statement by Cheryllyn Dudley
The Department of Education's proposed central agency to administer admissions to technikons and universities is a blatant attack on academic freedom and the autonomy of tertiary institutions as well as students, said ACDP spokesperson on education Cheryllyn Dudley.
"This is another example of the creation of a state bureaucracy to deal with an issue that parents, students and tertiary institutions have shown they are quite capable of handling," Dudley said. "The department is rapidly assuming complete control over the education system, which by rights, should be governed by parents, teachers and students.
"The proposal that the government will also set the criteria for admissions will put pressure on universities and technikons who will have to admit students who might not be ready for their courses," Dudley said.
Dudley said that it appears to be no coincidence that the department plans to introduce this policy at the same time as the new FETC, which replaces Matric symbols and examinations with assessments.
"When the department planned the FETC system, they knew they would come up against resistance from universities and technikons which might refuse to admit students based on their assessments, preferring entrance examinations to determine the level of aptitude. The government has now overcome this snag by assuming the role of admissions board as well.
"The department's explanations that their policies will create transparency and equality are excuses for implementing what is effectively a communist education system, where the state prescribes how, where and what children will be taught.
"This is a waste of money that could well have been spent creating bursaries to assist students in studying further," Dudley said.
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3. National Health Bill could be controversial - by Cheryllyn Dudley MP
Since1998 when the ACDP submitted a Private Members Bill with regard to the prohibition of human cloning in SA the ACDP has been calling on Government to urgently reassess the need for a separate bill prohibiting human cloning and the use of embryo's for stem cell research in South Africa.
The private members bill was rejected on the grounds that the issue was dealt with in the draft National Health Bill which, has at last been tabled in Parliament.
The ACDP join the Catholic Parliamentary Liaison Office in welcoming the prohibition of reproductive cloning of human beings, which is presently included in the Bill and agrees with the caution around therapeutic cloning. Therapeutic cloning involves the intentional creation and nurturing of an embryo which is then sacrificed to harvest cells, tissues or organs.
"Since it is legal in SA for a developing life to be terminated merely for convenience or economic reasons, there is a great danger that those who ignore the fact that a human being comes into existence at the moment of conception will persuade government to remove any protection of these developing human beings too, Dudley said.
"This bill will either give much needed protection against abuse or open the door to such horrific acts in the name of science and the ACDP calls on government to stand firm on these issues".
The Aids Law Project for example have voiced their concern that the bill 'undermines the right to academic freedom and freedom of scientific research in the manner in which it regulates the use of tissue, blood, blood products or gametes removed or withdrawn from living persons'. They refer specifically to section 61(2)(a)(iv), which deals with 'placenta, embryonic or foetal tissue, stem cells and umbilical cord" and challenges such clauses in terms of the constitution.
The issue of Certificate of need is also causing concern and these clauses stand accused of lacking clarity and certainty, undermining constitutional rightswith the potential of undermining health care services constitutional rights currently enjoyed by licensed and/or registered members of the private sector.
"While the certificate of need applies to both the private and public sector the dept of Health as the responsible regulator would be receiving and granting applications from and to itself, while actively competing with the private sector".
The ACDP is also concerned that section 41(6) which states that the DG may withdraw the certificate of need on certain grounds could have serious consequences. S41(6)(d) states that "if the health establishment or health agency.persistently violates the constitutional rights of users or obstructs the state in fulfilling its obligations to progressively realise the constitutional right of access to health services" and could be used against health establishments which refuse to perform medical functions which they consider to be immoral such as abortion.
The Bill also states that any person who performs any of the acts contemplated in s 41 without certificate of need would commit an offence and be liable to a fine or imprisonment for up to 5 years. As the Catholic Liaison Office points out, this could negatively affect thousands of people and many who work through the church giving vital home based care in a country so seriously affected by HIV/Aids.
While formal submissions can no longer be made individuals and groups can continue to lobby govt through the dept and PC Chair on issues that will have far reaching consequences for the people of South Africa.
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4. Submissions on Liquor Bill welcome
The Department of Trade and Industry has called for submissions at public hearings for the Liquor Bill. Issues that may be of concern are the hours of liquor store trading (including trading on a Sunday), proximity of stores to churches and schools and the monopoly of the industry.
The hearings will commence on September 9, and submissions can be sent to the chairman of the trade and industry portfolio committee. For more details, contact Lungiswa Matshikiza at 403 3825.
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