South Africa's BELA Bill: Controversy and Transformation in Education Law

On The 13th September 2024, President Cyril Ramaphosa signed the Basic Education Laws Amendment (BELA) Bill into law. It is said that the law aims to strengthen governance within the South Africa’s education sector.

The Bill seeks to amend sections of the South African Schools Act of 1996 and the Employment of Educators Act, 1998 to account for the developments in education landscape since the enactment of the original legislation.

The bill has been surrounded by controversy, especially around the role of governing bodies in schools and language policies, as well as the enforcement of regulations in terms of home education.

The following are the amendment that are expected to be made:

1. Making Grade R Compulsory: The BELA 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.

2. Criminalizing 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.

3. 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.

4. 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.

5. Accommodating 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.

6. Ban on corporal punishment: The bill reaffirms the prohibition of corporal punishment in schools, proposing fines or imprisonment for those who administer it.

It is important to note that the BELA BILL is making amendments to certain sections of the South African Schools Act of 1996 to respond to administrative challenges facing our schools and to continue with the transformation agenda of our education system.

It is not a whole-sale Bill that covers all aspects of the basic education sector. Instead, it focuses mainly on the administrative processes of the department and schools.

It is a Bill that responds to the current needs in terms of the changing demographics of our communities, findings by the courts and our own observations as we monitor schools.

The Bill has 56 clauses ranging from the introduction of Grade R to learner attendance, Code of Conduct for learners, Home Education, rationalisation of schools, abolishment of corporal punishment and initiations, language policy, admission policy, criminalisation of disruptions not school.

Why do we have critics to the Bill?

Critics of the Bill argue that the Bill undermines the authority of Schools Governing Bodies and centralises decision making power.

Adding to that, the Bill states that no school can refuse admission for any child irrespective of whether the child has documents or not. The Bill is clear that no child shall be denied the right to education simply because they are undocumented and have no birth certificates. Critics argue that this will encourage illegal immigrants into the country as the bill allows their children to be enrolled even though they are illegal into the country. However, proponents of the Bill say that the cost of not educating children simply because they are undocumented is too much because the rise of inequality will increase.

According to the the Department of Education The Bill proposes to amend the South African Schools Act, 1996 (Act No. 84 of 1996), and the Employment of Educators Act, 1998 (Act No. 76 of 1898) (the SASA and the EEA, respectively), so as to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner which gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996.

Amongst others, the Bill seeks to amend certain definitions; to provide that attendance of Grade R is compulsory, and to provide for system improvements in terms of admission of learners to public schools. It also provides for financial and public accountability frameworks for governing bodies and provincial departments.

The Bill further provides for additional Regulatory powers of the Minister, and enhancing decision making and oversight powers of Heads of Departments and Members of the Executive Councils.

The Bill also proposes technical and substantive adjustments, clarify certain existing provisions, insert provisions which are not provided for in existing legislation and strengthen enforcement mechanisms for offences and penalties.

Thobela.