Address by the Deputy Minister of Basic Education, Dr Reginah Mhaule, MP, at the National Assembly Debate on the BELA Bill
Chairperson
Honourable Members of the National Assembly,
Ministers and Deputy Ministers,
Fellow South Africans,
The Basic Education Laws Amendment Bill (‘‘Bill’’), which was published for public comment under Government Notice No. 1101 in Gazette No. 41178 on 13 October 2017, proposed to amend the SASA and the EEA so as to align them with developments in the education landscape and to ensure that systems of learning and excellence in education are put in place in a manner which respects, protects, promotes and fulfils the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996 (‘‘Constitution’’). Another aim of the Bill was to bring about certain technical and substantive adjustments in the SASA and the EEA, to clarify certain existing provisions and to insert certain provisions to cover matters which are not provided for in the existing legislation.
One of the developments in the education landscape came about in 2009, when the then Department of Education was split into two new departments, being the Department and the Department of Higher Education and Training (in terms of Proclamation No. 44 of 2009, signed by the President on 20 June 2009 and published in Gazette No. 32367 on 1 July 2009).
At its core, the Bill reflects South Africa's aspiration for a more inclusive, equitable and efficient basic education system. It addresses key challenges that have, for years, hindered
the progress of our education ecosystem.
While the BELA Bill has its critics, its objectives are clear and grounded in the best interests of our learners and educators.
The strategic focus of the BELA Bill is to:
• Make Grade R compulsory;
• Serve to capture the essence of court judgments in order to ensure that it gives effect to the Bill of Rights and in particular the right to procedurally fair administrative action;
• Provide for financial and public accountability frameworks for governing bodies and provincial departments;
• System and administrative improvements in terms of admissions policy, in particular pertaining to undocumented learners; and
• For technical and substantive adjustments, clarify certain existing provisions, insert provisions which are not provided for in existing legislation and strengthen enforcement mechanisms for offences and penalties.
The BELA Bill seeks to amend 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 sector. It focuses mainly on the administrative processes of the department and schools.
It would therefore not include:
• Curriculum aspects, so there will be no mention of subjects, 3 stream model, assessment, Life Orientation which includes sexuality education.
• Human resources – no appointment of teachers and general workers
• Infrastructure – no sanitation, pit latrines, mobile classrooms, building of schools or such. These are covered in the Norms and Standards for School Infrastructure
• Inclusive Education and schools for Learners with Special Needs which are covered in White Paper 6
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, rationalisation of schools, abolishment of corporal punishment and initiations, language policy, admission policy, criminalisation of disruptions of school.
One of the primary issues it tackles is determining a school's language and admission policy. There's a common misconception that the bill aims to erode the autonomy of SGBs. In reality, it aspires to harmonise the powers of the SGB with the directives of the relevant provincial Head of Department (HOD). While the SGB is initially tasked with setting a school's language policy, the bill emphasises that this authority is not unequivocal. It ascertains that such policies are adaptable, inclusive and congruent with the constitutional right to basic education.
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 neighbourhoods because they have been designated to serve a particular ethnic group.
It is concerning to note that members of the public are debating the content of the Bill along racial and political lines. Of more concerning is when political parties and members of Parliament circulate pamphlets and video clips encouraging people to reject the Bill in its entity based on false information. The Bill has now been labelled an “Abortion Bill” because the Minister wants to allow teachers to take pregnant girls for abortion when the word abortion does not even appear in the entire Bill. The drivers of such a propaganda are well aware of the termination of pregnancy is contained in the Termination of Pregnancy Act the guardians thereof being the Department of Health which has nothing to do with education. .
We observed with shock how parents who prefer to home school their children were mobilised to reject the Bill because they were misled into believing that the Bill would take away their parental rights to raise their children in their own culture and religion. It was seen as an attack to the parents’ religious beliefs and that the department will force home scholars to do CAPS and arrest those who refuse to comply. It is unfortunate that such misleading statements are driven by politicians for their own political agenda. The Bill seeks to have all home schooling children registered.
