Parliament of South Africa

03/02/2023 | Press release | Distributed by Public on 03/02/2023 02:31

Media Alert: Free State Set to Make Contributions on Basic Education Laws Amendment Bill

Parliament, Thursday, 2 March 2023 - The Portfolio Committee on Basic Education will this weekend host comprehensive public participation process on the Basic Education Laws Amendment (BELA) Bill in Free State where it will visit three districts. The committee invites interested individuals and organisations to contribute in the law-making process by attending the hearings and sharing their views.

The hearings are in line with Chapter 59 (1) of South Africa's Constitution which compels the National Assembly to facilitate public involvement in the legislative process. Also, the legislative sector adopted a public participation model which placed public consultation at the centre of how it does its business.

The Bill proposes to amend the South African Schools Act (SASA) of 1996 and the Employment of Educators Act (EEA) of 1998, so as to align them 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 enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996. This is done through the amendment of certain definitions, clarifying certain provisions and inserts new provisions that absent in the existing legislation.

Some of the key amendments that the Bill aims to make include:

  • Making grade R the new compulsory school starting age, as opposed to grade 1, as is currently the case.
  • Forcing home-schooled learners to be registered for this type of schooling.
  • Criminalising parents who do not ensure their child or children are in school, with fines or jail time up to 12 months.
  • Holding school governing bodies more accountable for disclosures of financial interests - including those related to their spouses and family members.
  • Prohibiting educators from conducting business with the state or being a director of public or private companies conducting business with the state.
  • Abolishing corporal punishment and initiation/hazing practices.
  • Allowing schools to sell alcohol outside of school hours.
  • Giving government department heads power over language policies and the curriculums a school must adopt.

The committee last week held hearings in Limpopo where a majority of participants supported the Bill although they rejected certain clauses. One of the clauses that were rejected in Limpopo was the definition of corporal punishment. The clause was rejected on grounds that it doesn't ensure the protection of teachers.

Also, there was a fear that the requirement for members of School Governing Bodies (SGBs) to declare financial interests will discourage parents from availing themselves to participate in the SGBs. A clause that allows schools to sell alcohol on school premises after hours was also rejected at all the districts where public hearings on Bela Bill took place.

Those opposed the Bill expressed concerns that the overregulation of home-schooling does not take into consideration the needs of the learner. Participants at public hearings highlighted a concern on centralisation of power in the Office of the Head of Department of the Department of Basic Education. They argued that it will be detrimental to the system and will cause unnecessary delays in decision-making.

"By first receiving various oral submissions from stakeholders and now this extensive nationwide process we are responding directly to the guarantees given by the Constitution as well as reaffirming the vision of our Parliament being the Parliament of the people by the people," said Ms Bongiwe Mbinqo-Gigaba, the Chairperson of the committee.

In line with the intention to broaden access to the work of the committee and to ensure maximum participation of the people in the public hearings, the committee has resolved to hold its public hearings in the afternoons and on weekends.

Details of Public Hearings (Day 1)
Date: Friday, 03 March 2023
Venue: Phuthaditjhaba Multi-Purpose centre
Time: 14:30

Details of Public Hearings (Day 2)
Date: Saturday, 04 March 2023
Venue: Koffiefontein Multi-Purpose Centre
Time: 14:30

Details of Public Hearings (Day 3)
Date: Sunday, 05 March 2023
Venue: Simon Sefuthi Community Hall
Time: 14:30

ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON BASIC EDUCATION, MS BONGIWE MBINQO-GIGABA

For media enquiries or interviews with the Chairperson, please contact the Committee's Media Officer:

Name: Malatswa Molepo (Mr)

Parliamentary Communication Services

Tel: 021 403 8438

Cell: 081 512 7920

E-mail: [email protected]