| (1) | The Minister shall determine national education policy in accordance with the provisions of the Constitution and this Act. |
| (2) | In determining national policy for education at education institutions, the Minister shall take into account the competence of the provincial legislatures in terms of section 146 of the Constitution, and the relevant provisions of any provincial law relating to education. |
[Section 3(2) substituted by section 11(a) of Act No. 100 of 1997]
| (3) | Subject to the Constitution, national policy shall prevail over the whole or a part of any provincial policy on education if there is a conflict between the national and provincial policies. |
[Section 3(3) substituted by section 4 of Act No. 48 of 1999]
| (4) | Subject to the provisions of subsections (1) to (3), the Minister shall determine national policy for the planning, provision, financing, co-ordination, management, governance, programmes, monitoring, evaluation and well-being of the education system and, without derogating from the generality of this section, may determine national policy for — |
| (a) | education management information systems, including the provision of data in accordance with the international obligations of the government; |
| (b) | the organisation, management and governance of the national education system; |
| (c) | facilities, finance and development plans for education, including advice to the Financial and Fiscal Commission; |
| (d) | innovation, research and development in education; |
| (f) | the professional education and accreditation of educators; |
| (g) | the organisation, management, governance, funding, establishment and registration of education institutions; |
| (h) | compulsory school education; |
| (i) | the admission of students to education institutions, which shall include the determination of the age of admission to schools; |
| (j) | the minimum number of hours per day and days per year during which education shall be provided for different phases of education in education institutions; (c) facilities, finance and development plans for education, including advice to the Financial and Fiscal Commission; |
| (k) | co-ordination of the school dates among provinces; |
| (l) | curriculum frameworks, core syllabuses and education programmes, learning standards, examinations and the certification of qualifications, subject to the provisions of any law establishing a national qualifications framework or a certifying or accrediting body; |
| (m) | language in education; |
| (n) | control and discipline of learners at education institutions: Provided that no person shall administer corporal punishment, or subject a student to psychological or physical abuse at any education institution; |
[Section 3(4)(n) substituted by section 2 of Act No. 15 of 2011]
| (i) | other state departments; |
| (iii) | local government; and |
| (iv) | non-government organisations, with a view to advancing the national education policy contemplated in this section and the Reconstruction and Development Programme; |
| (p) | education support services, including health, welfare, career and vocational development, counseling and guidance for education institutions, within the functional responsibility of a department of education; |
| (q) | international relations in the field of education; |
| (r) | executive functions required to implement national education policy determined in terms of this Act, including the implementation of measures to address past discriminatory practices. |
