The Basic Education Laws Amendment (BELA) Act enters a period of negotiation over who will have control over school admission and language of instruction policy.
By PROFESSOR ASLAM FATAAR
The Basic Education Laws Amendment (BELA) Act has sparked considerable political controversy, particularly its potential impact on South Africa’s schooling system.
The BELA Act was introduced to amend the South African Schools Act of 1996. The Act addresses governance, language policy and school admissions issues. However, as the country neared the 2024 elections, the BELA bill became a focal point of misinformation, especially from right-wing and populist circles.
On September 13, 2024, President Cyril Ramaphosa signed the BELA Act into law, but with resistance from within his Government of National Unity (GNU). Minister of Basic Education, Siviwe Gwaruba from the Democratic Alliance (DA), signalled discomfort with the Act by boycotting its signing ceremony, and the DA subsequently announced plans to challenge the Act’s constitutionality in court.
The DA’s opposition, alongside criticism from the Freedom Front and AfriForum, reflects concern over the bill’s perceived threat to the Afrikaner language and culture, especially among Afrikaner communities whose support the DA relies on.
A key point of contention lies in two clauses regarding control over schools’ language and admissions policies. Currently, School Governing Bodies (SGBs) hold this authority, but the proposed changes would shift that power to provincial governments. This transfer is deemed necessary to address instances where schools’ language policies have been used to exclude learners who are not proficient in the school’s primary language of instruction.
However, in response to pressure from Afrikaner lobby groups and coalition partners, President Ramaphosa excluded these two clauses from the Act for now and extended a three-month consultation period to revisit the matter.
The BELA Bill does NOT
- introduce changes to sexuality education
- introduce changes to home-schooling rights
- alter the curriculum
- alter the pass rate
The BELA Bill DOES
- revise school management structures
- make Grade R compulsory to ensure equal access to early childhood education
- include penalties for parents who keep their children out of school for extended periods without a valid reason
- require parents to register their home-schooling children with the Department of Education
- require home-schooling to submit to assessments to ensure quality education
- strengthen accountability measures for SGBs by introducing quarterly financial reporting
The BELA Act is primarily focused on updating school administrative and governance frameworks. Contrary to some of the misinformation circulating, it does not introduce changes related to sexuality education or home-schooling rights.
Instead, the promulgated Act deals with revising procedures for school management without altering curriculum or pass rates. One of its key changes is the inclusion of Grade R (pre-primary education) as part of compulsory schooling, which is targeted at ensuring equal access to early childhood education.
Other provisions in the Act aim to prevent unnecessary school disruptions. It also introduces penalties for parents who keep their children out of school for extended periods without valid reasons.
Home-schooling is also addressed, requiring parents to register their children with the Department of Education and submit to assessments to ensure quality education.
The Act sets guidelines for closing or consolidating small, non-viable schools, emphasising community involvement in decision-making. It strengthens accountability measures for SGBs by introducing quarterly financial reporting and giving the Head of Department (HOD) the authority to investigate financial mismanagement.
Further, the Act updates learner codes of conduct to ensure they reflect community values and eliminate all forms of punishment that degrades a child’s dignity. It also includes regulations to manage teenage pregnancies within schools, ensuring that pregnant learners can continue their education and providing schools with clear guidelines for handling such situations.
The next three months of consultation on the contested language and admissions clauses will be crucial. Whether authority over language policy remains with SGBs, or shifts to provincial governments, will significantly affect school access and inclusivity.
The BELA Bill’s two contested clauses now enter a period of negotiation over who will have control over school admission and language of instruction policy.
Should political negotiations fail, or if different versions of the two clauses are promulgated, the Constitutional Court could ultimately decide the matter.
- Aslam Fataar is Research Professor in Higher Education Transformation at Stellenbosch University and a member of its Department of Education Policy Studies.
