The Basic Education Laws Amendment (BELA) Bill proposes to amend the South African Schools Act (SASA) of 1996 and the Employment of Educators Act (EEA) of 1998, to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner that gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996.

In response to learner pregnancy, the DBE gazetted the Policy on the Prevention and Management of Learner Pregnancy in schools in December 2021. The Policy promotes the constitutional right of learners to basic education by ensuring that they are not excluded from school because of pregnancy. According to the Policy, schools are responsible for preventing learner pregnancy by educating learners for them to make informed choices about relationships, their responsibilities of being in relationships and their sexuality. This is achieved through teaching Life Skill or Life Orientation as one of the mandatory subjects throughout schooling. Primarily learners are encouraged to abstain or to delay their sexual debut. Additionally, learners are taught about the different means of contraception available at healthcare facilities.

Additionally, prevention includes providing sexual and reproductive health services, including oral and injectable contraceptives, implants and condoms to learners who live in communities where parents have given consent for their children to receive these services after consultation and agreement has been reached. This is in line with the Integrated School Health Policy and Standard Operating Procedures for the provision of sexual reproductive health rights and social services. The sexual and reproductive health services and rights are provided in collaboration with the Departments of Health and Social Development. The provision of these services in schools is limited to non-invasive methods, wherein invasive methods such as intrauterine devices are provided in health care facilities. When it comes to the termination of pregnancy (abortion), the role of schools is limited to providing education and information, and those who need this service use health care facilities instead.

According to the Policy, the management of pregnancy includes the schools’ responsibility to ensure that learners remain in school for as long as possible, they are not unfairly discriminated against during assessment and participation in school activities, and they return to school as soon as possible after delivery, provided they have recovered and are not experiencing any medical problems. The Policy makes provision for care, counselling and support which aims to provide a positive and supportive environment where pregnant learners can access professional advice, information, referral, treatment, care, counselling and support. These professional services cannot be provided by the Department, hence the importance of referral and strategic partnerships involving other departments and partners.

The DBE and the Portfolio Committee on Basic Education met for clause-by-clause deliberations on all 56 clauses in the Basic Education Laws Amendment (BELA) Bill in Parliament, Cape Town from 16 – 18 August 2023. The Portfolio Committee will meet again on 29 August 2023, for consideration of the amendments to the BELA Bill.