Basic Education Department concerned with misleading information regarding the intention of the Bela Bill

30 August 2023

The Department of Basic Education continues to monitor the parliament process regarding the Basic Education Amendment Bill.

The Portfolio Committee on Basic Education is considering the inputs received from South Africans as part of a democratic public process in which broader consultation took place in a series of open town hall hearings.

The Department has full confidence in the work and processes of the Portfolio Committee. The Committee has this week also unanimously agreed to process all inputs received either orally or in writing.

It is therefore disingenuous for Democratic Alliance member of the committee Baxolile Nodada who has now claimed victory for his party even though all parties in the committee agree on the process forward. It must also be noted that Mr Nodada has sought to mislead members of the public about the intentions of the BELA BILL and its characterization that is "a draconian bill".

The BELA Bill essentially seeks to strengthen governance in schools by tightening certain sections which have created challenges for the sector. The Department's own monitoring outcomes gave rise to the need to amend parts of the various pieces of legislation to improve administration of the sector.

It is important to note that the BELA BILL is making amendments to certain sections of the South African Schools Act of 1986 to respond to administrative challenges facing our schools and to continue with the transformation agenda of our education system.

It is not a whole-sale Bill that covers all aspects of the basic education sector, instead it focuses mainly on the administrative processes of the department and schools.

It is a Bill that responds to the current needs in terms of the changing demographics of our communities, findings by the courts and our own observations as we monitor schools.

The Bill has 56 clauses ranging from the introduction of Grade R to learner attendance, Code of Conduct for learners, Home Schooling, rationalization of schools, abolishment of corporal punishment and initiations, language policy, admission policy, criminalization of disruptions not school.

The Bill seeks to have all home education children registered. Every government which is a sovereign state would want to know and account for every child in the country in view of the education of children of school going age. Parents are requested to choose a curriculum of their choice as long as it is internationally recognised and that it is not inferior to the curriculum offered in public schools.

The Department has no intention of taking away the freedom of curriculum choice from the parents.

In addition to this the Bill proposes the intervention of the Head of Department (HOD) on the development of language and admission policy. This is not about the taking away of powers of School Governing Bodies to determine such policies but to ensure compliance with the country's legislations. The two policies are politically used to derail access to schools of most learners on the basis of language, race, academic performance, ability to pay fees and sporting abilities.

"It cannot be correct that SGBs are given unlimited and unchecked powers and have a finalise say in a school matter which is a public school. No grouping can have absolute power and account to no one in a democratic and sovereign state," said Mr James Ndlebe, Chief Director for Provincial Monitoring and Delivery Oversight.

The Bill provides for intervention steps that the HOD should take when confronted with language or admission policy that is discriminatory without imposing his authority unlawfully. If these policies remain unchecked, transformation will not be achieved in schools and the mother tongue instruction that we are pursuing will never materials.

"It should be noted that this is not a battle against a particular language grouping. It is a country wide challenge where schools were built along ethnic groups. Now that the there is a racial and ethnic mix in all communities, some children are still unable to access schools in their neighborhoods' because they have been designated to serve a particular ethnic group," Ndlebe said.

The Department is confident that the Portfolio Committee process will result in an outcome that will assist the sector to take the transformation agenda of the country forward.

Issued by Elijah Mhlanga, Head of Communication, Department of Basic Education, 30 August 2023