The National Assembly (NA) passed the Basic Education Laws Amendment (BELA) Bill on 26 October 2023, and has since referred the BELA Bill to the National Council of Provinces (NCOP) for further processing. The DBE subsequently briefed the Select Committee on Education and Technology, Sport, Arts and Culture on 8 November 2023, during a clause by clause analysis of the B-Bill version of the Bill.
Provincial online briefings and face-to-face community engagements are currently taking place across provinces, with the deadline for written submissions indicated as 31 January 2024. The DBE team is represented by Mr James Ndlebe, Chief Director for Provincial Monitoring and Delivery Oversight, Adv Shalili Misser, Chief Director, and Ms Noluvuyo Gela from Legal Services and Mr Jabu Hlakula, Director for the Quality Learning and Teaching Campaign (QLTC). Provincial briefings have taken place with the KwaZulu-Natal, Northern Cape, Eastern Cape, Limpopo and the Mpumalanga Provinces.
During the provincial briefing with the Mpumalanga Department of Education, Head of Department (HoD) Ms Lucy Moyane, said that, “the merger and closure of schools is a challenge with 70 small schools with less than 100 learners attending, to be closed. She also highlighted the importance of incorporating Grade R into the education system for the necessary financial and administrative support to be provided for teaching and learning to develop early learning skills. Community engagements in the Mpumalanga Province took place at the Mmamethlake Community Hall in the Nkangala District, Dr JS Moroka Local Municipality on 23 November. Additional engagements will be taking place at the Vukuzakhe Community Hall in the Gert Sibande District, Dr Pixley Ka Isaka Local Municipality, on 29 November and at the Jeppees Reef Community Hall in the eHlanzeni District, Nkomazi Local Municipality, on 30 November.
Mr James Ndlebe, Chief Director for Provincial Monitoring and Delivery Oversight, painted the background to the Bill, whilst summarising the main clauses: “The BELA Bill is making amendments to certain sections of the South African Schools Act (SASA) of 1986 and the Employment of Educators Act (EEA) of 1998 to respond to administrative challenges facing schools to continue the transformation agenda of our education system. The Bill does not include matters related to curriculum, infrastructure, teachers and human resources; or inclusive education. Amongst the amendments, is a provision that Grade R will now be the new compulsory school-starting age and parents who fail to enrol their children will be formally penalised. The Bill further confirms that corporal punishment is no longer allowed and that those found guilty of such offences will be penalised. Home education children must be registered and parents are allowed a curriculum of their choice as long as it is internationally recognised and not inferior to the curriculum offered in public schools. In terms of language policy, the Bill provides that a School Governing Body (SGB) of a public school will be required to submit its language policy and any amendment thereof to the (HoD) for approval as it cannot be correct that SGBs are given unlimited and unchecked powers and have a final say in a school matter which is a public school”.
The online briefing with the Gauteng Province has been scheduled for 30 November 2023.