BELA Bill: ActionSA to Consider Legal Action if Ramaphosa Signs Bill into Law
11 September 2024
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.
If, indeed, the DA was in an equal partnership in the Grand Coalition, this proposed signing of the BELA Bill ought to have been halted. However, President Ramaphosa seems determined to run roughshod over the Minister of Basic Education, who is opposed to the Bill. Just this morning John Steenhuisen threatened to walk away from this marriage of convenience if the Bill is signed. The time has come to put their money where their mouth is and protect the interests of millions of children and teachers. Failing to do so will indeed confirm that they are prepared to forgo safeguarding what little integrity remains in our education system in service of retaining German SUVs and ministerial perks.
The Minister’s communicated intention came as a relief in July following the stubborn posture taken by the ANC in the 6th administration, who were hell-bent on pushing through the legislation which undoubtedly would only serve to compound the challenges by introducing a series of proposals that lack coherence and fail to align with the actual needs and realities of our education landscape.
It would seem that these protestations may have been ignored as the signing of this fatally flawed piece of legislation is set to be assented to by the President on Friday.
In service to learners, ActionSA will consider its options to repudiate the signing of this Bill.
While the BELA Bill’s stated intentions may be admirable, the Bill amounts to a power grab by the Basic Education Minister who will be enabled to set a school’s language policy regardless of what a School Governing Body (SGB) decides, and limits parents’ ability to decide whether to home-school their children. Furthermore, the Bill proposes the welcomed inclusion of mandatory Grade R for all pupils, but without a clear understanding of the curriculum framework, affordability raises concerns.
This is why ActionSA believes a full costing of mandatory Grade R should be completed before the Bill is assented to by President Ramaphosa. The conducive learning environment that home-schooling provides should be recognised, and SGBs should retain control to decide the language policy of their respective schools. SGBs should also be empowered to determine and allow for religious practices at public schools while respective the rights and beliefs of all South Africans.
ActionSA also opposes the blanket lifting of the ban on the sale of alcohol at schools proposed in the BELA Bill. And while we welcome the expansion of penalties imposed on people who disrupt schools, we must ensure that the Bill sufficiently protects the right to peaceful protest.
We are resolute in our commitment to fix South Africa’s faltering education system where 80% of public schools are deemed dysfunctional, 8 out of 10 South African school children struggling to read for meaning by the age of 10, and 40% of Grade 1 learners drop out. But we believe comprehensive and surgical approach is required to address these deep-rooted problems within our system.
Statement issued by Lerato Ngobeni, ActionSA Parliamentary Caucus Chief Whip, 11 September 2024
