Parliament of South Africa

03/09/2023 | Press release | Distributed by Public on 03/09/2023 07:59

Media Alert: North West Next to Contribute to Basic Education Laws Amendment Bill

Parliament, Thursday, 9 March 2023 - The Portfolio Committee on Basic Education will this weekend move to the North West province to hold public hearings on the Basic Education Laws Amendment (BELA) Bill. The committee will visit three districts in the province and invites individuals and organisations to come and share with the committee there views on the Bill.

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. In addition, the legislative sector adopted a public participation model, which places 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, to align them with developments in the education landscape. It also proposes 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 inserting new provisions that are 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 register 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 has now visited two provinces, namely Limpopo and Free State. The majority of participants highlighted their partial support of the Bill with objections to various clauses, including the clause on language policy and the definition of corporal punishment. The clause allowing schools to sell alcohol on school premises after hours was also rejected completely.

Those opposed to the Bill completely highlighted concerns that the overregulation of home-schooling does not take into consideration the needs of the learner. There was a call for the Department of Basic Education to engage the sector even more to enable the crafting of a more inclusive Bill. Another concern was that the centralisation of power within the office of the head of department 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 enable broader access to the work of the committee and to enable as extensive consultation as possible, the committee has resolved to hold its public hearings in the afternoons and on weekends.

Details of public hearings (Day 1):
Date: Friday, 10 March 2023
Venue: Rustenburg City Hall (Civic Centre)
Time: 14:30

Details of public hearings (Day 2):
Date: Saturday, 11 March 2023
Venue: Mmabatho Civic Centre
Time: 14:30

Details of public hearings (Day 3)
Date: Sunday, 12 March 2023
Venue: Vryburg Town Hall (Boutique Hall)
Time: 12:00

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]