The Portfolio Committee on Basic Education, accompanied by DBE officials, will be embarking on Public Hearings on the Basic Education Laws Amendment (BELA) Bill across all nine provinces, scheduled for 24 February to July 2023. The Vhembe, Mopani and Capricorn Districts in the Limpopo Province will be visited from 24 – 26 February, followed by visits to the Free State, the North-West, Mpumalanga, KwaZulu-Natal and Gauteng Provinces until the end of the first team in April 2023, to enhance public involvement to impact positively to the mandate of participatory democracy to inform, consult, involve and provide feedback to South Africans on the way forward in respect of the Bill.

The Committee received oral submissions from 31 organisations from 8 – 29 November 2022. “The Portfolio Committee has received input from various stakeholders in the education sector, and all the submissions received have been carefully considered. There are organisations that support the Bill; those who contest the Bill; and those who feel that certain clauses need to be amended or removed. The BELA Bill commenced with advertisements inviting public comments; the second phase included the oral submissions and the third phase, going forward, will be conducting these Public Hearings across provinces during 2023,” explained Committee Chairperson, Ms Bongiwe Mbinqo-Gigaba.

The call for submissions attracted 18,000 electronic submissions, as well as 11,522 handwritten submissions from the Free State, Western Cape, Limpopo and Gauteng Provinces. Hand delivered submissions were received as post cards; flyers; and submission forms. A total of 20,929 written submissions were captured and processed, including 7,933 during the recess period. Public submissions were received electronically via email, WhatsApp, Google Forms and hand delivered via courier from various stakeholders who have vested interest in the education sector. The written submissions were received via email submissions; Google Form submissions; and one video submission. The total number of received submissions, currently stands at 29,754 to be processed, categorised and analysed in accordance with eight themes: Access to Basic Education; Compulsory Learner Attendance; Language; Governance and Professional Management of Public Schools; Budget and Finances of Public Schools; Home Education; Independent Schools; and Educators. The Bill generated interest across the education sector, with submissions received from parent associations; School Governing Bodies (SGBs); Principal Associations; educator trade unions; legal firms; civil society; community-based structures; and NGOs. 

Based on the processing of written submissions, the issue of undocumented learners remained one of the main areas of concern as the list of documents required prevents children from assessing basic education. The public is also calling for no criminalisation of parents and care givers; highlighting the issue of School Governing Body (SGB) powers; the Language Policy; and unregulated Home Education. The Bill proposes to amend the South African Schools Act (SASA), 1996 (Act No. 84 of 1996) and the Employment of Educators Act (EEA),1998 (Act No. 76 of 1898) to align them with developments in the education landscape and to ensure that systems of learning are put in place in accordance with the right to basic education as enshrined in the Constitution of the Republic of South Africa.