part a: strategic overview - Department of Education

� Key national policy frameworks are provided in respect of the needs of children
before their formal entry into the basic schooling phase (Early Childhood Education)
and the needs of learners who have special needs by Education White Paper 5 on
Early Childhood Education (May 2001) and Education White Paper 6 on Special
Needs Education – Building an Inclusive Education and Training System (July
2001).
� Curriculum 2005 (C2005) governs curriculum in the Province, embodying the vision
for general education to move away from a racist, apartheid, rote model of learning
and teaching, to a liberating, nation-building and learner-centred outcomes-based
initiative. In line with training strategies, the reformulation of the curriculum is
intended to allow greater mobility between different levels and between institutional
sites, and to promote the integration of knowledge and skills through learning
pathways. Its assessment, qualifications, competency and skills-based framework
encourages the development of curriculum models which are aligned to the National
Qualifications Framework in theory and practice.
7.2 Constitutional Mandate
The Constitution provides for the constitutional right to education and the overall
framework for the delivery of education to the people of South Africa. The key provisions
of the Constitution that impact on delivery by provincial education departments are
located in section 29 (Chapter 2) of the Bill of Rights, which reflects that:
“Everyone has the right –
(a) to a basic education, including adult basic education; and
(b) to further education, which the state through reasonable measures must make
progressively available and accessible”.
The Constitution provides that education at all levels (excluding tertiary education) is a
matter of concurrent or shared legislative competence between national and provincial
government. It empowers provinces to pass laws on education and provides a
framework to resolve any conflicts that may arise between national and provincial laws.
7.3 National Legislative Mandate
The National Education Policy Act, 1996 provides the basic framework for the national
Minister of Education to determine national educational policies, to monitor the
implementation of these policies and to evaluate the general well being of the
educational system. The Act provides the Minister with significant functions and
responsibilities in terms of the overall oversight of the education system nationally.
The South African Schools Act, 1996 provides the broad framework for the provision
of general education to the children of South Africa. This law broadly encompasses the
organization, funding and governance framework for all schools in South Africa and
authorizes the Member of the Executive Council responsible for education in the
Province and the Head of the Department to exercise far-reaching powers and perform a
range of essential functions in education.
The Further Education and Training Act, 1998 requires the Province to provide for the
establishment, governance and funding of public further education and training
institutions. This responsibility extends to monitoring and supporting these institutions.
The Adult Basic Education and Training Act, 2000 has as its objectives developing
support systems for a curriculum framework to equip learners with functional numeracy,
literacy, language and communication skills and coordinating the development and
implementation of quality assurance standards in relation to national standards and the
5 Year ECDoE 5 Year ECDoE Strategic Strategic Plan for Plan 2005/06 for 2005-06 to 2009/10 to 2009-10. March 2006 21 F (6).doc Page 6
contents part A: strategic overview