Continuing Education and Training Act, 2006 (Act No. 16 of 2006)

Notices

National Norms and Standards for Funding Community Education and Training College

Part B : Background
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2. The responsibility of the Adult Basic Education and Training (ABET) Act, 2000 (Act No.52 of 2000) was based at the former national Department of Education and transferred to the Minister of Higher Education and Training through Proclamation No.44 of 2009 published in Government Gazette No.32367 of 1 July 2009.

 

3. To give legislative effect to the Proclamation referred to above, the legislative responsibility for Adult Basic Education and Training was transferred to the Minister of Higher Education and Training through the Higher Education and Training Amendment Laws Act (HETLA), 2010 (Act No.25 of 2010).

 

4. Through the HETLA, the ABET concept was changed to AET in order to eliminate the concept "basic" from the naming of the institutional type. However, notwithstanding the change, the provision of adult basic education as a programme of government still had to be catered for in the post-school education and training (PSET) system established in 2009 to comply with the provisions of section 29(1) of the Constitution of the Republic of South Africa.

 

5. The Further Education and Training (FET) Colleges Act, 2006 (Act No. 16 of 2006), was amended through the FET Colleges Amendment Act, No. 1 of 2013. One of the amendments was to change the name of the Act to Continuing Education and Training Act (Act No.16 of 2006), which introduced the new Community Education and Training (CET) college as one of the types of a public college. The CET Act then became the primary legislation governing CET colleges. To give effect to this, nine (9) CET colleges (one per province) were established through government gazette no. 38570 in 2015. One of the consequences of the FET Colleges Amendment Act was the repeal of the Adult Education and Training Act, 2000.

 

6. In 2013, Government approved the White Paper on Post -School Education and Training, (WP -PSET) which envisioned the transition of Adult Education and Training (AET) that was offered through Public Adult Learning Centres (PALCs) to CET colleges. The former PALCs were then named and merged as Community Learning Centres (CLCs) under the nine CET colleges as published in government gazette no. 38674 of 2015.

 

Table 1: Number of CLCs per college

 

CET college

Old Number of  CLCs*

New Number of CLCs **

Eastern Cape

304

30

Free State

204

15

Gauteng

47

47

KwaZulu-Natal

1097

40

Limpopo

779

20

Mpumalange

252

15

North West

148

7

Northern Cape

191

11

Western Cape

254

15

Total

3276

200
* The old number of CLCs is as published in a Government Gazette No. 38674
* *The new number of CLCs effective from 1 April 2020 as per the 2019 approved CET system: National Plan for Implementation of the White Paper for PSET system 2019 -2030

 

7. Since establishment of the CET colleges in April 2015, the basis for allocating funds is in line with the historical practice of how allocations to PALCs were previously determined by Provincial Education Departments (PEDs). This implies that, the determination of allocations by the Department of Higher Education and Training (DHET) was largely informed by the manner in which allocations were determined for PALCs by PEDs prior to the shift of the administrative function from PEDs to the Department.

 

8. The total allocation to each CET college is for Personnel, Goods and Services and Capital Expenditure. The allocation for Goods and Services as well as Capital Expenditure is provided as a transfer to CET colleges. The allocation to each CET college includes the total allocation for all CLCs that are merged under that CET college.

 

9. The personnel allocation for CET colleges is retained and administered by the Department as it is the responsibility of the Minister to appoint personnel of CET colleges, as per the CET Act.

 

The right to education and the financial responsibility of the State

 

10. The Bill of rights in the Constitution of Republic of South Africa, 1996 (No. 8 of 1996) establishes the right to education in these terms (section 29(1)):

"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."

 

11. The CET Act came into effect in 2006. Its purpose is defined under section 2(1)(a)(b) of the Act.

 

12. This policy emanates from section 23 of the CET Act, which requires the Minister to determine minimum norms and standards for the funding of public colleges.