The BELA Bill, which was initially developed by the Department of Basic Education (DBE) back in 2017, was finally tabled this year and aims to make several adjustments to the South African Schools Act and the Employment of Educators Act of 1998.
The department is currently in the process of analysing public commentary on the bill and of those assessed so far, the vast majority is against the changes.
During a parliamentary portfolio committee meeting on Basic Education, it was revealed that the department received approximately 18 000 written submissions, which have been submitted via email, hard copy, or google forms.
The public comments they have received so far are from civil society groups, legal advisors, parents' associations, education trade unions and community-based structures.
The committee shared that many of the comments raised concerns over the extended powers of the heads of departments as a source of discontent and some of the key changes to the bill that were not welcomed include:
- Forcing home-schooled learners to be registered for such through amendments to the South African Schools Act
- Extending punishment for parents who fail to ensure their children attend school through fines or jail time up to 12 months – from 6 months before.
According to the committee, parents of children on home education felt that little to no consultation or research was conducted have expressed that the laws overreach and are not effectively equipped to deal with changes in the sector.
Education activists, Equal Education (EE) and the Equal Education Law Centre (EELC) have petitioned that the amendment to increase criminal sanctions for parents should be removed in their entirety, adding that the criminalisation of parents will not tackle the underlying problems keeping children out of schools and risks leaving children without their caregivers.
The committee says it has received several requests from groups calling for an opportunity to make oral submissions, and are waiting on confirmation on where an in-person meeting would be held.
