ANC and EFF band together to help BELA Bill over yet another hurdle

18 August 2023

The Portfolio Committee on Basic Education set aside Tuesday to Friday this week to work through the Basic Education Laws Amendment Bill (the BELA Bill) clause by clause. This task was, however, already completed by Thursday afternoon.

On Tuesday, prospects still looked bleak for the Bill. The meeting had to be adjourned after some opposition parties left due to their dissatisfaction with the process. The ANC was not fully attended and there was no longer a quorum present.

The meeting on Tuesday also had a different atmosphere. The head of School Governance in the Department of Basic Education, Mr James Ndlebe, explained every clause in detail.

Members had the opportunity to ask questions and voice their concerns, but no decisions were made. Personnel of the Department made notes and have until the 28th of August to compile a so-called A-list of new clauses.

The next step entails the Committee examining every clause on the said list and voting on it. Once that has been finalised, the Bill can be tabled in the National Assembly (NA).

Every Provincial Legislature must then consider it before it can be considered in the National Council of Provinces (NCOP). And lastly, all that is needed is the president's signature.

Based on the public participation process, two important clauses were scrapped: the clause allowing for alcohol to be sold on school premises after hours during school functions; and a compulsory declaration of interests by every member of every school governing body in South Africa.

Other controversial clauses relate to giving provincial department heads the final say on schools' language and admission policies, and home-schools.

During the discussion of these clauses, the ANC and EFF banded together as if they are part of the same caucus. The centralising nature of it is their cup of tea, while the FF Plus, ACDP and the DA continually took a stand against it.

Ndlebe kept assuring that every decision will involve extensive consultations. He denied that school governing bodies will lose their powers, and added that these clauses simply ensure that judgements by the Constitutional Court become part of the law.

The FF Plus will pursue all parliamentary avenues to stop this Bill. Extra-parliamentary steps will only be considered if that totally fails.

Issued by Wynand Boshoff, FF Plus MP and chief spokesperson: Higher Education, 18 August 2023