Bela Bill under the spotlight as concerns are raised

The Basic Education Laws Amendment Bill (Bela) came under the spotlight at a public hearing in the Moth Hall last week, which was supposed to serve as a hearing for the Umzinyathi, Amajuba and uThukela districts.
As the hearing was held during a working week day, the hall was not full and those present sighed when Sifiso Sonjica (chairperson of the KZN Education Portfolio Committee) kicked off the meeting and said, “We are only here to debate the bill that has already been passed by Parliament, as we are compelled to… not out of the goodness of our hearts.”

On October 26, 2023, the bill was adopted by the National Assembly and approved for tabling in the National Council of Provinces.

Legal representative (on behalf of the Portfolio Committee) Monica Wilson gave a presentation on all the different clauses and acts to explain the meaning of each clause and act in full detail.
The bill seeks to amend section 3 (1) of SASA to provide that school attendance is compulsory from Grade R at the age of six and no longer from Grade 1. It provides for an admission age and that despite the age at which school attendance is compulsory as stipulated, a parent may (if he or she so wishes, subject to a few conditions) enrol a child at a school to start attending Grade R at a younger age.
Section 24 (a) regulates membership of a governing body, with a specialised focus on talent.
This area is currently unregulated.
Section 41 regulates the exemption of a single parent to provide the governing body with necessary documents when making an application for exemption from payment of school fees.
Controversially, the bill seeks to dilute the power of school governing bodies, which currently determine a school’s language and admission policy.
The minister will now be given this power.

Concerns over language policy
Brits Maree, representing the Suid-Afrikaanse Onderwysers Unie (SAOU), expressed concern that Afrikaans-speaking learners would be disadvantaged if the department deemed to scrap Afrikaans first language learning at schools where this is currently provided.
Currently, only three schools in the Endumeni District offer Afrikaans first language teaching.
One of the clauses that was particularly contentious with the public was on home-schooling, which will limit parents’ ability to decide whether to home-school their children
.Elna Wichman-Heath was particularly outspoken during the open session, saying the focus of this bill should be on the provision of sufficient and good infrastructure, qualified educators and a good curriculum to ensure that every child receives high-quality education.
“Many families are not able to send their children to school, as they don’t have money for transport or uniforms; older children taking care of younger siblings so that parents can work to get an income; poor infrastructure at schools, etc.
“Sending parents of children who already have the odds stacked against them to prison will not solve any of the core issues that need to be addressed.
“The Education Department has admitted that they have not done research on home education.
“Home education is a legally recognised form of education and therefore a mere notification to home educate should be sufficient. HODs should not have the authority to decline this.

“Home education prioritises a child’s education according to their abilities and stage of development, in order for them to learn at their own pace.

“Age and grade have very little meaning.
“If we are restricted to cover 50% or more of the content and skills according to the National Curriculum Statement, and assessed according to age and grade, then we will not have the freedom to be able to follow the variety of different approaches of education that are available, worldwide.

“A minister should not have unfettered powers to make regulations at her sole discretion.
“All decisions should be made in consultation with home educators. This bill does not ‘contribute to the eradication of poverty’, it does not ‘provide an education of high quality for all learners’, nor does it ‘uphold the rights of all learners, parents and educators’.
“This bill is all about state control.”
More hearings are set to be held around the country, but it is unclear if the minister (or president) will make any further changes to the bill.

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