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WATCH: Still got that pen, Ramaphosa? – Parliament passes controversial BELA Bill
The BELA Bill was passed in the National Assembly, with 223 votes in favor and 78 against, and now awaits the President's assent.
Picture: iStock
The Basic Education Laws Amendment Bill, known as the BELA Bill, was passed in the National Assembly on Thursday.
223 members of Parliament from various different political parties voted in favour of the Bill while 78 voted against it, with no abstentions following proposed amendments by the National Council of Provinces (NCOP).
Bill goes to Ramaphosa for approval
The Bill will now go to President Cyril Ramaphosa for approval.
Watch the video of the National Assembly adopting the bill here:
The National Assembly has today adopted a report from the Portfolio Committee on Basic Education on the Basic Education Laws Amendment Bill #BelaBill following proposed amendments by the NCOP. The Bill now goes to the President for assent.
— Parliament of RSA (@ParliamentofRSA) May 16, 2024
The votes were as follows
Yes: 223
No:… pic.twitter.com/af1ZOr2xFK
Before the adoption of the Bill, the chairperson of the Portfolio Committee on Basic Education, Bongiwe Mbinqo-Gigaba, told the National Assembly that it was a critical milestone for the sixth Parliament for South Africa and the education sector.
Mbinqo-Gigaba said the public hearing in the NCOP has led to a few critical amendments, including the accretion that alternatively, a court may impose a sentence, within the court’s discretion, as contemplated in terms of the Criminal Procedure Act.
ALSO READ: Bela Bill stalls at Council of Provinces
This amendment responds to concerns made about the prescription by the Bill on a period of conviction for a person prohibiting a pupil from schooling.
“The impact of this amendment will enable the judiciary to decide on the sentence based on the facts of those who commit acts that undermine the future of our children and nation,” she said.
Language policy amendments
The other key amendment clarifies the role of the school governing body (SGB) and the head of department (HOD) in the language policy. This was a major source of contentious for opposition parties during the public hearings on the Bill.
“The amendment emphasises the authority and role of SGB in determining the school’s language policy or any amendment thereof. It strengthens measures to review decisions taken by the HOD by stating that ‘if the governing body is not satisfied with the directive of the HOD as contemplated in Section 7, the governing body may appeal against the directive to a member of the executive counsel within 14 days after receiving the directive.’,” the chairperson said.
To give clarity on the conditions of just a cause to limit certain clauses in the school policy, the NCOP amended and inserted that they must be taken into account, including but not limited to, circumstances that a pupil may bring to the attention of the principal and SGB of the school, including cultural beliefs, religious observances, and medical grounds.
ALSO READ: Bela Bill adopted with some changes, now will head to NCOP for a vote
Pupil suspensions over serious misconduct
“To enhance the protection of the rights of pupils and confirm procedures that ensure that governing bodies may, on reasonable grounds and as a precautionary measure, suspend a pupil who is suspected or accused of serious misconduct from attending school but may only enforce such suspension after the learner has been granted a reasonable opportunity to make presentations to it in relation to such suspension,” Mbinqo-Gigaba said.
She added that the amendment also clarifies the act of serious misconduct by the pupil. On acts that occur on school premises or during school activity and the pupil has been formally charged by the police, the SGB must suspend the pupil immediately without granting them an opportunity to make representation about their misconduct.
Mbinqo-Gigaba confirmed that the amendments were accepted by the Portfolio Committee on Basic Education on Wednesday.
Homeschool sector ignored – DA
While making a declaration on behalf of the Democratic Alliance (DA), MP Baxolile Nodada said the Department of Basic Education failed to engage the homeschooling sector on the best means of regulation, and the committee’s ignoring of public submissions contravenes the Constitutional Court judgement on the Traditional and Khoisan Leadership Act.
“The bill still imposes excessive regulatory burdens on parents who opt to homeschool, infringing on their autonomy and freedom of choice,” he said.
ALSO READ: Afrikaner youth rally against Bela Bill ‘threatening language rights’ (VIDEO)
Nodada added that a government that cares about children must ensure they attend schools where their lives aren’t in danger from dangerous pit toilets, asbestos roofs, or unfenced premises.
“A government that cared for our children would have ensured that they could read for meaning by the age of 10 and had basic numeracy skills under their belts. And that a matric qualification means that they have the skills they need to participate in the economy,” he said.
Motshekga ‘very happy’ Bill passed
Basic education minister Angie Motshekga said she was happy and grateful for the people who helped get the Bill passed.
Watch the video of Motshekga reacting here:
Statement and video by Minister Angie Motshekga on the passing of the #BELABill in the National Assembly this morning pic.twitter.com/lLYiek7y5D
— Dep. Basic Education (@DBE_SA) May 16, 2024
“It’s been long in the making—almost 10 years—and we needed most of the clauses. We needed the clauses that regulate admissions; we needed those clauses that help in terms of the age of admission, language policies, and, more importantly, regulating Grade R as part of basic education,” the minister said.
“We really needed the Bill to go through, and I’m very happy, very relieved, but also very grateful for the parliamentary processes, which were very exhaustive, the NCOP, and the public who came to participate and engage in the Bill.”
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