The Portfolio Committee on Basic Education has noted the confusing and misleading information conveyed to the public regarding the adoption this week of the A-list of the Basic Education Laws Amendment (BELA) Bill.
The Chairperson of the committee, Ms Bongiwe Mbinqo-Gigaba, emphasised that the majority of members of the committee agreed that much debated clause regarding language policy – that the governing body must submit the language policy of a public school and any amendment thereof to the Heads of Departments for approval – should remain. The language policy must also take into consideration the language needs of the broader community.
Another clause that seems to have been misconstrued from this week’s meeting relates to the admissions policy. Ms Binqo-Gigaba confirmed that the committee adopted the proposed amendment that the Heads of Departments, after consultation with the governing body of the school, has the final authority to admit a learner to a public school.
“The committee was clear in its resolution that the final decision on both of the above will be with the Heads of Departments. Any statement contrary to this, does an injustice to the work of the committee and the process that was followed in reaching the resolutions and is completely misleading,” said Ms Mbinqo-Gigaba.
Regarding the clause that refers to home education, Ms Mbinqo-Gigaba said it was partially agreed to. This amendment provided for the Head of Department to, when considering an application, require a delegated official to conduct a pre-registration site visit. The adopted amendment now provides that such learners must still be registered, but that site visits can happen at any place of choice should parents not agree to such visits at their homes. Furthermore, a report at the end of each phase will now be required by a qualified educator or assessor to prove the competency of the learner in that phase.
“The committee is concerned about the misleading information being brandied about. It is not in the interest of the South African public to feed them wrong information as this will only lead them to misunderstanding the outcomes of the process but also not being able to make informed choices because of this,” added Ms Mbinqo-Gigaba.
Earlier in the week she said the adoption of the A-list brings the Bill that has been more than 20 years in the making, a step closer to being enacted. Some of the other proposals that were adopted include making Grade R the new compulsory school-starting age, penalties for parents who do not ensure their children are in school and confirmation that corporal punishment is no longer allowed at schools with penalties for those found guilty of such offences.
The proposed amendment regarding the sale of alcohol on school premises after hours during functions, was not supported by the committee. The proposed amendment dealing with members of a governing body that must disclose on an annual basis their financial interests and the financial interests of their spouses, partners and immediate family members also not supported and was deemed too onerous a task.
Ms Mbinqo-Gigaba said the proposed amendments are to align the legislation with developments in the education landscape and to ensure that systems of learning are put in place in a manner that gives effect to the right to basic education as enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996.
She said the committee extensively deliberated on all clauses in the Bill. She said: “In some instances all the members of the committee agreed that certain proposed amendments did not belong to the Bill and ensured that they were removed, whereas in other instances the committee vigorously debated clauses and retained them. This is all to ensure that we better the education landscape of the next generation.
“The committee held extensive public hearings in all provinces, oral submissions were heard in Parliament from stakeholders and thousands of written submissions were considered when debating and drafting this piece of legislation. This speaks of a Parliament that engages and listens to the people.” The committee is expected to meet next week to adopt the final Bill before it is referred to the National Assembly for debate and consideration.
Source: Parliament of South Africa