The Basic Education Laws Amendment (BELA) Bill is in the spotlight once again after the Presidency announced that President Cyril Ramaphosa will sign it into law - officially - on Friday.
The Democratic Alliance, a partner in the Government of National Unity (GNU) has called for an urgent meeting with the Ramaphosa, as the party believes that in its current form, the Bill is unconstitutional.
Addressing the media on Wednesday, Ramaphosa's spokesperson, Vincent Magwenya, said the President remains firmly committed to engaging fully and openly with parties in the Government of National Unity on this or any other matter of concern.
What is the BELA Bill?
The BELA Bill proposes significant amendments to the South African Schools Act (SASA) of 1996 and the Educators Employment Act of 1998.
These are the amendments that are expected to be made:
– 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.
– Criminalising 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.
– 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.
– 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.
– 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.
– Ban on corporal punishment: The bill reaffirms the prohibition of corporal punishment in schools, proposing fines or imprisonment for those who administer it.
Why is concern mounting?
Critics of the bill including argue that the BELA Bill undermines the authority of school governing bodies (SGBs) and centralises decision-making power.
The DA is urging Ramaphosa to send the BELA Bill back to Parliament for amendments that must bring it in line with the Constitution.
ActionSA is disappointed but unsurprised that despite intensive efforts by civil society, teachers, and political parties, the flawed BELA Bill will be signed into law.
Meanwhile, advocacy group AfriForum said it will proceed with legal action if the Bill is signed.
"Since the first draft of this Bill appeared in 2017, AfriForum has steadfastly been objecting to the articles in it which amends the right of governing bodies to have the final say about schools’ admission and language policies," said AfriForum's Alana Bailey.
Bailey said over the years, thousands of members of AfriForum and the wider public have pledged their support to this organisation’s opposition to the Bill.
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