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BELA Bill receives final mandates from provinces

The Select Committee on Education and Technology, Sports, Arts, and Culture met on 2 May 2024, for the adoption of the Basic Education Laws Amendment (BELA) Bill, after having considered written and oral submissions. The consideration of the Final Mandates and adoption of the Committee Report on the D-Version of the Basic Education Laws Amendment (BELA) Bill was approved by eight provinces.

The National Assembly passed the BELA Bill on 26 October 2023. The Bill was then referred to the National Council of Provinces (NCOP), with the DBE presenting the BELA Bill to the Committee on 8 November 2023. The Bill was then referred to the nine provinces to conduct their public participation processes. The Select Committee also conducted its own public participation process by calling for submissions by all interested parties from 20 November 2023 until 19 January 2024. Various stakeholders and NGOs sent written requests for an extension in making submissions, whereby an extension was granted and the deadline for written submissions was moved to 31 January 2024. The Western Cape Provincial Legislature requested for a further extension until the end of April 2024, to conduct their public hearings on the BELA Bill. The Select Committee however, issued an extension to all provinces to conclude their public participation process by 29 February 2024.

In the Select Committees call for written submissions, a total of 38,170 submissions were received and analysed, with a total of 32 organisations presenting virtual oral submissions to the Committee from 6 to 8 March 2024. The Committee received a response from the DBE on the issues raised during the submissions in the committee’s report on 20 March 2024.

The Committee convened a meeting to receive the provincial negotiating mandates of the BELA Bill on 27 March 2024. Advocate Phumelele Ngema, the Parliamentary Legal Advisor, also presented a detailed analysis of the constitutional provisions related to education rights, focusing on the state's obligations to ensure access to basic education and the right to establish Independent Educational Institutions. A detailed explanation of the constitutional obligations and rights related to public engagement was provided, emphasising the role of legislatures in facilitating public involvement and considering public views in the legislative process. The Committee held clause-by-clause deliberations on the Bill from 17 to 18 April 2024, considering submissions from the public, responses given by the Department and called for amendments to various clauses. That led to the finalisation of the C list which was adopted by eight provinces on 24 April 2024.

The Committee met on 2 May 2024, to receive final mandates from provinces accepting or rejecting the Bill. A total of eight provinces again approved the Bill. The Bill will now be presented to the NCOP and then to the National Assembly for concurrence. The final stage will be the signing of the Bill into law by the President of the Republic of South Africa.

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