Basic Education Laws Amendment Bill gets mixed reactions

The Bela bill was published for public comment on October 13, 2017, where more than 5 000 written submissions were received from stakeholders and the general public. Picture: Independent Newspapers

The Bela bill was published for public comment on October 13, 2017, where more than 5 000 written submissions were received from stakeholders and the general public. Picture: Independent Newspapers

Published Nov 9, 2023

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Cape Town - The Select Committee on Education and Technology, Sports, Arts and Culture received a briefing on the very controversial Basic Education Laws Amendment (Bela) Bill on Wednesday.

The bill intends to help guide with, among others, language preference for schools, conduct of educators, abolishment of corporal punishment in schools, merging of schools and sale of alcohol at schools.

The Bela bill was published for public comment on October 13, 2017, where more than 5 000 written submissions were received from stakeholders and the general public.

On September 26 the bill was amended and adopted by the committee and finally adopted by the National Assembly and approved for tabling in the National Council of Provinces a month later.

The ANC in the Western Cape has welcomed the adoption of the bill.

The ANC in the provincial legislature’s spokesperson on Education, Muhammad Khalid Sayed, told the Cape Argus he was pleased that the bill had passed the National Assembly level and public hearings at National Assembly level.

“This is going to bring a greater sense of equity in education in our country and province in particular.

“Given the challenges of unplaced learners, language policies, conduct of educators, disciplinary matters, we think that this bill is a step in the right direction,” he said.

This, while DA Education spokesperson and MP Baxolile Nodada said the party completely rejected the bill.

“The Bela bill will force centralisation of power by the State, something many fought hard against and while we are for improving our education system, we will not support a bill that takes away the power from schools, parents, and communities and fails to address challenges like overcrowding, placements and infrastructure we are already facing,” he said.

Founder and co-ordinator of Parents for Equal Education SA, Vanessa le Roux, said while there was some consideration, the Education Department still needed to get its ducks in a row.

“How can they penalise parents if their stuff isn’t even right?

“There is not enough infrastructure to place learners as it is and they are also playing with salaries of ECD teachers.

“I believe the DBE has no foot to stand on to penalise parents,” Le Roux said.

Vanessa Le Roux founder of Parents for Equal Education South Africa, is still not happy about the passing of the Bill. Picture: Supplied

The decision was made that Grade R is the new compulsory school-starting age and parents who fail to enrol their children for grade R will be formally penalised.

The bill further confirms that corporal punishment is no longer allowed at school and that those found guilty of such offences must be penalised.

In terms of language policy, the bill provides that a school governing body will now be required to submit the language policy of a public school and any amendment thereof to the head of department for approval.

The language policy must also take into consideration the language needs of the broader community.

The bill further provides that South African sign language has the status of an official language for purposes of learning at a public school.

The Bela bill also addresses the controversial rules around alcohol on school grounds and states that no persons may bring liquor onto school premises, or have liquor in his or her possession, consume or sell liquor on public school premises, or during any public school activity unless permission has been sought from the head of department, and then only under strict conditions.