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Cabinet has welcomed the signing of the Basic Education Laws Amendment (BELA) Bill into law, by President Cyril Ramaphosa, marking a significant step towards transforming and enhancing the nation’s basic education system. 

President Ramaphosa publicly signed the Bill on 13 September 2024, during a signing ceremony held at the Union Buildings, in Tshwane.

The BELA Act amends sections of the South African Schools Act of 1996 (SASA) and the Employment of Educators Act, 1998 (EEA) to account for developments in the education landscape since the enactment of the original legislation.

The amendments are a response to court judgments that protect and give effect to the Bill of Rights. 

Since the advent of democracy, government has made notable progress in expanding access to education for the children of the country, however, barriers to access still remain.

The Act seeks to address these challenges and is part of the state’s ongoing efforts to build an education system that is more effective and more equitable. 

As part of advancing diversity and inclusion, the new legislation addresses the issue of language policy. Schools have to consider the broader linguistic needs of the communities in which they are situated.

Addressing a post-Cabinet media briefing on Friday, Minister in the Presidency Khumbudzo Ntshavheni said this landmark legislation obliges school governing bodies to take into account the linguistic needs of the wider community to promote inclusivity in education.

“This will go a long way in making education affordable more especially in the suburban areas, where majority of schools are Afrikaans teaching, whereas the broader community around the school are English speaking,” Minister Ntshavheni said.

The legislation seeks to, among other things, make Grade R the new compulsory school starting age and also promotes greater accountability with respect to the role of parents and caregivers in ensuring children attend school consistently. Home schooling will now be subject to more effective regulation and oversight. 

“In a move to strengthen Early Childhood Education, the BELA Act makes Grade R the new compulsory starting age for school. It also holds parents accountable by criminalising the failure to ensure their children attend school. There is no reason for a child not to attend school in South Africa at a Basic Education level because education is free,” Minister Ntshavheni said.

The law requires schools to apply the same standards for the admission of learners. The Act contains provisions for improving school admissions policies, particularly with respect to vulnerable learners, like children of undocumented migrants. 

To promote inclusivity, the new law guides schools on the development of codes of conduct that take into account respect for religious and cultural beliefs. This is important for fostering a more tolerant learning environment and a more tolerant society. 

The Act further seeks to ensure uniformity and fairness in educational standards across all schools.

To improve safety in the learning environment, the legislation reinforces the ban on corporal punishment. It introduces stronger penalties for those who administer corporal punishment. 

The legislation also introduces financial and public accountability frameworks for School Governing Bodies. It guides the oversight of their activities and work. 

Cabinet further welcomed the decision by the President to allow a three-month period of engagement on two clauses concerning schools' admissions and language policies, as part of ensuring a national consensus and national cohesion. 

Following different views expressed about the legislation, President Ramaphosa decided to delay the implementation date for clauses 4 and 5  by three months.

The President explained to South Africans that the parties to the Government of National Unity (GNU) expressed their wish to further engage each other on sections of the Bill (at the time) that deal with issues of admission and language. 

He said this will give the parties time to deliberate on these issues and make proposals on how the different views may be accommodated. However, should the parties not be able to agree on an approach, then government will proceed with the implementation of these parts of the Act.  

In an interview with SAnews this week, Education expert Mary Metcalf said she anticipates thoughtful and deliberate discussions regarding the BELA Act to unfold across the provinces over the next three months. 

“My expectation is that there will be very careful interaction with provinces in terms of Grade R and realistic dates of implementation that match careful planning… and that would be clause 4 of BELA.

“In terms of clause 5 of BELA, what is important primarily there - is for the discussions to recognise firstly that BELA doesn’t change any existing constitutional or legal provisions in law,” she said.

She explained that the BELA Act addresses cases, including Constitutional Court rulings, where procedural fairness by an education department was found lacking, particularly when provincial education departments could have handled discussions with school governing bodies more carefully.

Metcalfe allayed fears that the delay in implementation of clauses 4 and 5 of the Act may leave education departments without policy direction.

She explained that during the next three months, the existing law, based on the South African Schools Act and the previous Basic Education Laws Amendment Act, will remain in effect, ensuring that education departments and the public continue to be guided without any legal uncertainty.

The two specific clauses in the Act have faced opposition, primarily due to concerns that they strip school governing bodies (SGBs) of their authority over admissions and language policy decisions. 

In particular, Clause 5 has drawn criticism from those who believe it will disadvantage schools that operate in languages other than English, potentially undermining mother tongue education. 

However, the clauses stipulate that SGBs will retain control over these policies, as long as they are submitted for approval to the provincial Head of Department, in line with constitutional requirements.

Metcalfe stressed that there is significant misunderstanding among the public regarding what the BELA Act aims to achieve with mother tongue education. She clarified that the right to be taught in one’s mother tongue is firmly protected by the Constitution.

“The Constitution says everybody has a right to learn in their language of choice and it is the responsibility of the school governing bodies and the [provincial] Education Departments to ensure that this is practicable, practical, and that it takes into account the circumstances,” she said.

On the clause that now compels parents to send children to Grade R for compulsory schooling, Metcalfe again laid aside fears that government is attempting to “criminalise parents”.

She explained that in South Africa, approximately 96% to 97% of learners are already enrolled in Grade R, meaning most children aged five turning six are already participating in this level of education.

However, since Grade R is not yet compulsory, the State is not currently required to fund teachers' salaries or provide the necessary infrastructure, although public facilities are often utilised for this purpose.

Once Grade R becomes compulsory, she explained that the State will be obligated to pay the teachers and ensure that all necessary resources and infrastructure are in place. 

“Bringing attendance and compulsory attendance one year earlier means that we are able to reach children. [This is] particularly important, given the levels of inequality in our country, that young children are able to access formal learning… where they are exposed to text; where they’re exposed to group learning. It’s a good thing that we do this earlier,” she said. – SAnews.gov.za

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