The BELA Bill is on the brink of adoption, but funding is lacking

30 April 2024

The Basic Education Laws Amendment (“BELA”) Bill is currently in front of Parliament’s second house, the National Council of Provinces (NCOP). The NCOP is set to adopt the Bill before Parliament dissolves in May, with the Committee charged with working on the Bill set to adopt its report on the Bill by 2 May 2024.

The FW de Klerk Foundation is extremely concerned about the Bill’s imminent adoption, citing concerns about its funding implications and potential impact on the quality of education: 

“The National Treasury's disclosure that no provisions have been made to finance the Bill's implementation raises serious concerns about practical implications for our children’s schooling,” says Ismail Joosub, Legal Officer of Constitutional Programmes at the FW de Klerk Foundation.

Daniela Ellerbeck, Manager of Constitutional Programmes, highlights, "The FW de Klerk Foundation stands against the BELA Bill's proposed expansion of compulsory schooling without accompanying funding allocations, which contravenes constitutional principles." She references, "section 29(1)(a) of the Constitution, which guarantees everyone the right to a basic education, and section 195, which mandates prudent and effective use of public resources."

Furthermore, Ellerbeck cautions, "Failure to address these fundamental concerns risks compromising the constitutional rights of South Africa's learners and perpetuating - not alleviating - systemic inequalities in education."

Issued by FW de Klerk Foundation, 30 April 2024