Adult Education and Training Act, 2000 (Act No. 52 of 2000)Chapter 3 : Governance of Public Centres11. Functions of governing body |
| (1) | The governing body of a public centre must— |
| (a) | promote the best interest of the public centre and strive to ensure its development through the provision of quality education for all learners at the public centre; |
| (b) | develop a business plan for the public centre; |
| (c) | provide any information pertaining to the public centre and its activities at the request of the Head of Department; |
| (d) | be responsible for the budgeting and financial management systems of the public centre; |
| (e) | promote the activities and the programmed of the public centre; |
| (f) | supplement the procurement of the learning support material for the public centre; |
| (g) | ensure that a conducive learning environment exists for learners; |
| (h) | elicit public support for the public centre; |
| (i) | keep proper records of all governing body meetings; |
| (j) | develop the vision and mission statement of the public centre; |
| (k) | subject to policy, determine the language policy of the public centre; |
| (l) | recommend the appointment of educators of the public centre in terms of the Employment of Educators Act; |
| (m) | establish and administer a public centre fund from voluntary contributions; |
| (n) | adopt a constitution; |
| (o) | adopt a code of conduct for learners at the public centre; |
| (p) | discharge all other functions imposed upon a governing body by or under this Act; and |
| (q) | discharge all other functions consistent with the Act as determined by the Minister by notice in the Government Gazette, or by the Member of the Executive Council by notice in the Provincial Gazette. |
| (2) | A public centre may establish posts for— |
| (a) | educators and employ educators additional to the establishment determined by the Member of the Executive Council in terms of Chapter 3A; and |
| (b) | non-educators and employ non-educator staff additional to the establishment determined in terms of the Public Service Act, 1994 (Proclamation No. 103 of 1994). |
| (3) | A public centre may only employ an educator in a post referred to in subsection (2)(a) if such educator is registered as an educator with the South African Council for Educators. |
| (4) | The staff contemplated in subsection (2) must be employed in compliance with the basic values and principles referred to in section 195 of the Constitution, and the factors to be taken into account when making appointments must at least include the— |
| (a) | ability of the candidate; |
| (b) | principle of equity; |
| (c) | need to redress past injustices; and |
| (d) | need for representivity. |
| (5) | When presenting the annual budget contemplated in section 24 the governing body of a public centre must provide sufficient details of any posts envisaged in terms of subsection (2), including the estimated costs relating to the employment of staff in such posts and the manner in which it is proposed that such costs will be met. |
| (6) | The State is not liable for any act or omission by the public centre relating to its contractual responsibility as the employer in respect of staff employed in terms of subsection (2). |
| (7) | The Minister may, by notice in the Government Gazette, determine norms and standards regarding the funds used for the employment of staff referred to in subsection (2), but such norms and standards may not be interpreted as making the State a joint employer of such staff. |