The Portfolio Committee on Basic Education will this weekend host public hearings on the Basic Education Laws Amendment Bill in Northern Cape to gather public inputs on the Bill. Public participation remains an important part of the foundation of South Africa’s participatorydemocracy and this process allows individuals and organisations to shape the laws that govern all aspects of our lives.

The hearings are held in line with Chapter 59 (1) of South Africa’s Constitution, which compels the National Assembly to facilitate public involvement in legislative processes. In addition, the legislative sector adopted a public participation model that places public consultation at the centre of how it does its business. The committee reiterates that all public hearings are open to all interested individuals and organisations, and all contributions, whether oral or written, will be considered when the committee deliberates on the bill.

The Basic Education Laws Amendment Bill proposes to amend the South African Schools Act of 1996 and the Employment of Educators Act of 1998, to align them with developments in the education landscape and ensure that systems of learning are put in place in a manner that gives effect to the right to basic education enshrined in section 29 (1) of the Constitution. This is done through amending certain definitions, clarifying certain provisions and inserting new provisions that are absent in the existing legislation.

Some of the key amendments the Bill aims to make include:

• Making grade R the new compulsory school starting age, as opposed to grade 1, as is currently the case.

• Compelling the registration of home-schooled learners.

• Criminalising parents who do not ensure their child or children are in school, with fines or jail time up to 12 months.

• Holding school governing bodies more accountable for disclosures of financial interests – including those related to their spouses and family members.

• Prohibiting educators from conducting business with the state or being a director of public or private companies conducting business with the state.

• Abolishing corporal punishment and initiation/hazing practices.

• Allowing schools to sell alcohol outside of school hours.

• Giving government department heads power over language policies and the curriculums a school must adopt.

The committee has up to now held successful public hearings in Limpopo, Free State, North West, Mpumalanga, Gauteng and Western Cape with varying views on the Bill. Those that supported it welcomed its intention to curtail the continuing exclusion of children from certain schools based on language and admission policies. They also view the Bill as necessary to strengthen governance in schools through the proposal for school governing bodies (SGBs) to declare their financial interests.

Those opposed to the Bill have highlighted that the centralisation of functions in heads of departments offices will create a cumbersome administrative process that will delay decision making. There was also concern that the Bill’s intention is to take away the power of SGBs to make determinations on language and admission policy, as the SGB is closer to schools and understands the unique dynamics within the community and the school. There is majority consensus rejecting the sale of alcohol within school premises.

“The committee calls on the people of Northern Cape to make a positive contribution to enhancing South Africa’s democratic dispensation by attending and making inputs on the Bill. The final Bill must take into consideration the views of the people of Northern Cape and this process provides a platform to guide Parliament when making laws,” said Ms Bongiwe Mbinqo-Gigaba, the Chairperson of the committee.

The committee conducts public hearings during the week and on weekends to afford stakeholders, organisations and individuals enough opportunity to participate. “In trying to create an environment conducive for a meaningful public participation process, we decided to hold hearings at times and days where all people will get reasonable time and opportunity to participate. We are ready to listen,” Ms Mbinqo-Gigaba emphasised.

Source: Parliament of South Africa