The Basic Education Laws Amendment (BELA) Bill is in the spotlight after the Presidency announced that President Cyril Ramaphosa will sign it into law, officially today.
On Wednesday, Ramaphosa’s spokesperson, Vincent Magwenya, said the President remained firmly committed to engaging fully and openly with parties in the Government of National Unity on this or any other matter of concern.
The BELA Bill proposes significant amendments to the South African Schools Act (SASA) of 1996 and the Educators Employment Act of 1998.
In February 2024, the Standing Committee on Education held a virtual meeting to discuss the Basic Education Laws Amendment 2022 (BELA) Bill, which aims to amend certain sections of the South African Schools Act (SASA), focusing on administrative and management processes at the school level.
The Department of Basic Education (DBE) provided an overview of the BELA Bill, followed by a clause-by-clause discussion.
Concerns were raised about public participation, practical implementation, and financial implications.
These are the amendments that are expected to be made:
– Making Grade R Compulsory: The Bill proposes to make Grade R the compulsory start of school.
Grade R, which currently forms part of early childhood development (ECD), will expand to 7,888 schools under the new mandate.
– Criminalising Parental Negligence in School Attendance: In addition to making Grade R compulsory, the bill seeks to criminalise parents who fail to ensure their children attend school, with potential jail time as a consequence.
It also states that anyone disrupting school activities is liable to a maximum of 12 months in prison.
– Home Education Regulation: The amendment allows the department head to conduct site visits before registering home education. It enables the minister of basic education to regulate the registration and administration of home education, acknowledging the preference of some parents for home-schooling over public schooling.
– Language Policy in Schools: The amendment requires school governing bodies to submit their language policies for approval. These policies must consider the linguistic needs of the broader community.
– Accomodating Religion in School Codes of Conduct: The bill proposes that school codes of conduct respect cultural and religious beliefs, including provisions for students to seek exemptions from certain code requirements.
– Ban on Corporal Punishment: The bill reaffirms the prohibition of corporal punishment in schools, proposing fines or imprisonment for those who administer it.
James Ndlebe, Chief Director of Education Management and Governance in the Department of Basic Education stated that the BELA Bill aimed to amend certain sections of the South African Schools Act (SASA).
He highlighted that the Department had been involved with SASA since 1986 and acknowledged the country’s numerous developments and demographic changes since then.
Ndlebe explained that the driving force behind the BELA Bill was the country’s commitment as a signatory to global treaties promoting economic, cultural, and social rights.
He also emphasised the importance of adhering to principles like leave no child behind and ensuring access to education for all children, as outlined in the Constitution.
Ndlebe clarified that the BELA Bill primarily focused on administrative and management processes at the school level, excluding issues such as curriculum, pass rates, subjects offered, or infrastructure concerns, as these were covered by other legislation, CAPS to be precise.
He underscored that the Bill aimed to enhance the quality of management and governance in schools, rather than being a comprehensive education sector reform.
One key aspect addressed in the Bill was the inclusion of Grade R (pre-primary education) as compulsory schooling under the South African Schools Act, ensuring equitable access to education for all children. This amendment sought to relieve parents of the financial burden associated with Grade R education, particularly in no-fee schools.
Additionally, the Bill proposed measures to prevent the unnecessary disruption of schooling due to community protests or other causes, including criminalising such actions.
Ndlebe affirmed that while the BELA Bill included technical amendments, its core objective was to improve the governance and management of schools to ensure every child’s right to quality education.
Finally, the Bill called for regulations to address teenage pregnancy in schools, focusing on ensuring pregnant students’ access to education and providing guidance on managing such situations within the school environment.