COMMITTEE ADOPTS BELA BILL AFTER EXTENTIVE PUBLIC PARTICIPATION PROCESS

After an extensive public participation campaign in which the Portfolio Committee of Basic Education held hearings around the country, with additional hearings with stakeholders hosted at Parliament, the committee adopted the Basic Education Laws Amendment (BELA) Bill yesterday.

Committee Chairperson Ms Bongiwe Mbinqo-Gigaba said the process has brought the Bill, which has been more than 20 years in the making, in line with the evolving transformation agenda for the basic education sector. During the committee’s voting on the Bill, most members voted in support of the Bill, which three voted against it.

One proposal adopted in Bill include making Grade R the new compulsory school starting age. Other proposals adopted include penalising parents for not ensuring that their children are in school as well as those found guilting of administering corporal punishment in schools. In terms of language policy, the amendment states that the governing body of a public school must submit its language policy and any
amendments to the head of department for approval. The language policy must also take into consideration the language needs of the broader community. The committee further adopted the proposed amendment that the head of department, after consultation with the governing body, has the final authority to admit a learner to a public school.

Committee Member Mr Ringo Madlingozi was in support of the Bill, in particular the amendment dealing with final approval of language policy, as in the past many governing bodies had used this to exclude learners.

However, another committee Member Mr Baxolile Nodada rejected the Bill in its current form, saying it fails to address unsafe environment, curriculum failures, overcrowding, poor quality teaching and unsanitary environments in schools. He further claimed the process had not ensured meaningful public participation and that thousands of submissions had been excluded.

The contentious proposed amendment, regarding home education, was partially agreed to. This amendment
provided that when considering an application to home school the head of the department is required to delegate an official to conduct a pre-registration site visit. If the parents do not agree to such visits at their homes, these visits can happen at any substitute chosen place. Furthermore, a report from a qualified educator or assessor will be required at the end of each phase to prove the learner’s competency in that phase.

Another committee member, Ms Marie Sukers, said the Bill undermines rights of parents, especially in terms of home schooling and will raise the administrative burden. Thus, it is likely to be struck down by the courts and she cannot therefore support the Bill. Committee member Mr Wessel Boshoff supported her position on home schooling, stating further that the Bill does not take online education into account.

Some proposed amendments were scrapped completely, including one regarding the sale of alcohol on school premises after hours during functions. Another proposal requiring member
s of a governing body to disclose their financial interests and those of their partners and immediate family members every year was also scrapped, due to the administrative burden it would impose.

Committee Member Ms Nombuyiselo Adoons, addressed the concerns around public engagement and commended the committee for its continuous consultations. ‘When the initial date for written comment on the Bill lapsed, the committee listened to the concerns of the public and extended the deadline.’

She emphasised that the aim of the Bill is to focus mainly on administrative processes within education departments and schools. ‘This is not a wholesale Bill. It was always meant to address specific issues. It responds to the current needs and to the changing demographics and needs of our communities.’

This was echoed by her colleague, Mr Ronnie Moroatshehla, who wanted to demystify the misconception that the Bill does not address issues of infrastructure or learning material or safety concerns. ‘That was never the aim of t
his Bill,’ he said.

Ms Mbinqo-Gigaba said the proposed amendments are to align the Bill 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.

She emphasised that the committee extensively deliberated on all clauses in the Bill. ‘In some instances, all members of the committee agreed that certain proposed amendments did not belong in the Bill and ensured that it was removed, whereas in other instances the committee vigorously debated clauses, which saw the majority of members of the committee agreeing to retention of such clauses. This is all to ensure that we better the education landscape of the next generation.

‘The committee held extensive public hearings across the country. We heard oral submissions in Parliament from stakeholders and thousands of written submissions were considered when debating and drafting this legislation,’ added Ms Mbinqo-G
igaba. The Bill and the report of the committee on it will now be referred to the National Assembly for debate and consideration.

Source: Parliament of South Africa