The Department Of Basic Education (DBE) has stated that the Portfolio Committee overlooking the proposed Basic Education Laws Amendment (BELA) Bill is pleased with the progress that has been made regarding the draft bill's review, before presenting the Bill to Parliament.
The BELA Bill, which was announced back in 2017, was finally tabled this year after four years of discussion. The Bill aims to make a few adjustments to South Africa's laws surrounding education, including the South African Schools Act and the Employment of Educators Act.
Oral submissions have been concluded, with some organizations showing support for the Bill, but others calling for amendments. The current responses are of a positive note, but this was not always the case.
The Education Department seeks to amend two of the aforementioned school laws, to make sure that they align with the Education sector’s changing landscape, but there have since been mixed reactions from relevant stakeholders within the sector.
Objections to the proposed changes have arisen, with some feeling that this change to the Policies will use up the power that School Governing Body's (SGB's) hold.
DBE Spokesperson, Elijah Mhlanga, has clarified a few misconceptions surrounding the BELA Bill, and has stated that it's not really about the power of the SGB's being taken away or about alcohol being brought onto school premises (a law is being proposed which allows alcohol to be on school property, but only for the purpose of fund-raising); instead, it's a lot more than that.
"It's important that we broaden our minds, we broaden our thinking, we take a much wider view in terms of what the Minister [of Basic Education] is intending to achieve with these laws, said Mhlanga.
However, organizations such as the Equal Education Law Centre, voiced their concerns surrounding "problematic" issues proposed within in the Bill.
In a forum around the implications of the BELA bill, the Law Centre, which advocates for quality and equality in the South African education system, addressed the issues they have around compulsory attendance, corporal punishment and serious misconduct.
Ebrahiem Daniels, Candidate Attorney from Equal Education Law Centre says that the BELA bill could result in parents being imprisoned for up to 12 months in prison or being required to pay fines if they prevent their children from attending school; the Law Centre opposes these consequences, as socio-economic factors often influence whether or not a child is able to attend school.
Factors such as safety purposes in communities where protests or gang violence is taking place can prevent a child from going to school, and even a school's infrastructure may not be conducive to learning. Or, parents may not have the resources which enable their children to travel to school.
The Equal Education Law Centre recommended the removal of the criminalisation of parents and called for the provision of less punitive consequences for failing to allow their children to attend school, adding that parents should first be consulted about why their child has missed their classes.
Chairperson of the Portfolio Committee, Bongiwe Mbinqo-Gigaba, says there are still other processes that need to unfold before the Bill can be presented to Parliament.
"Now that we are done with the second phase, we started by making advertisements and we have dealt with oral submissions; and then what we are going to do [in] 2023 when we open, we are going to do public hearings. The Portfolio Committee is still going to meet next week Tuesday [the 6th of December], to agree which provinces we are going to start with, but we are looking into doing at least three provinces when we open in the first quarter," said Mbinqo-Gigaba.
The Department has allowed responses from the public as well, including individuals, organizations and the rest of the general public to disclose their viewpoint to these proposed changes.
