Earlier this year, the Basic Education Laws Amendment (BELA) Bill ignited widespread debate due to its far-reaching proposals for South Africa's education system. Now, the Bill has once again come under the spotlight as President Cyril Ramaphosa prepares to sign the Bill into law on Friday, 13 September 2024. The BELA Bill is said to be the biggest education overhaul since 1994.

The BELA Bill, introduced in 2017, has undergone significant public scrutiny. After a series of extensions, the Bill was open for public comment until 19 January 2024. While the Bill is intended to enhance governance within the education sector, many public and education stakeholders have expressed strong opposition, particularly regarding provisions that affect parental rights and their ability to determine their children's education.

The BELA Bill seeks to amend both the South African Schools Act No. 84 of 1996 and the Employment of Educators Act No. 76 of 1998, introducing 56 new clauses that address a wide range of issues. These include:

• Compulsory Grade R Attendance: The Bill mandates that children must start school at Grade R, rather than Grade 1;

• Penalties for Non-Attendance: Parents or guardians who fail to ensure their children attend school face fines and/or imprisonment, regardless of their circumstances.

• Corporal Punishment: Whilst the Bill aims to further prohibit corporal punishment in schools, stakeholders argue that this provision lacks clarity.

• Homeschooling Regulations: Learners receiving homeschooling will be required to undergo mandatory registration.

• Admissions and Language Policy: Perhaps the most contentious change is the shift in authority over school admissions and language policy from School Governing Bodies (“SGBs”) to the provincial heads of department. This change has raised concerns about the potential infringement on children’s rights to receive education in their home language, as protected by Section 29(2) of the Constitution.

The language policy provision, in particular, has sparked fierce opposition. Section 29(2) of the Constitution guarantees everyone the right to receive education in the language of their choice, but some stakeholders argue that the Bill's provisions place undue power in the hands of heads of department, undermining this constitutional right.

Whilst the Bill's advocates argue that it aims to accommodate all children and strengthen the educational framework, many public and educational stakeholders have urged the President to refer the Bill back to Parliament for further amendments, ensuring its alignment with the Constitution.

Despite ongoing opposition, the President has decided to move forward with signing the BELA Bill into law. Supporters highlight that the Bill lays a strong foundation for a more regulated and inclusive educational system. Tomorrow, the President will publicly sign the Bill during a ceremony to be held at the Union Buildings in Pretoria. The Signing Ceremony details are as follows:

Date: Friday, 13 September 2024
Time: 10h30 (media to arrive at 09h30)
Venue: The Union Buildings, Pretoria

For more details on the most controversial aspects of the BELA Bill, refer to our previous article here: https://hjwattorneys.co.za/newsandmedia/qlw8dkwrbcliy5lw985we6lldg7jo0. 

Written by Jade Baldwin & Garion Malherbe

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