The National Assembly (NA) passed the Basic Education Laws Amendment (BELA) Bill on 26 October 2023 in Parliament. “At its core, the Bill reflects South Africa's aspiration for a more inclusive, equitable and efficient basic education system. It addresses key challenges that have, for years, hindered the progress of our education ecosystem,” said Basic Education Deputy Minister, Dr Reginah Mhaule, addressing Parliament.

There's a common misconception that the Bill aims to erode the autonomy of School Governing Bodies (SGBs); however, the Bill aspires to harmonise the powers of the SGB with the directives of the relevant provincial Head of Department (HoD). Whilst the SGB is initially tasked with setting a school's language policy, the Bill emphasises that this authority is not unequivocal. It ascertains that such policies are adaptable, inclusive and congruent with the constitutional right to basic education. The Bill provides for intervention steps that the HoD should take when confronted with language or admission policy that is discriminatory without imposing his authority unlawfully. If these policies remain unchecked, transformation will not be achieved in schools and the mother tongue instruction that we are pursuing will never materialise. Children are still unable to access schools in their neighbourhood because they have been designated to serve a particular ethnic group.

Amongst the amendments in the BELA Bill that sparked much public interest and input, is a provision that Grade R will now be the new compulsory school-starting age and parents who fail to enrol their children for Grade R will be formally penalised. The Bill further confirms that corporal punishment is no longer allowed at school and that those found guilty of such offences must be penalised.

In terms of language policy, the Bill provides that a SGB will now be required to submit the language policy of a public school and any amendment thereof to the Head of Department (HoD) for approval. The language policy must also take into consideration the language needs of the broader community. The Bill further provides that South African Sign Language has the status of an official language for purposes of learning at a public school. The BELA Bill also provides that no persons may bring liquor onto the school premises, or have liquor in his or her possession, consume or sell liquor on public school premises, or during any public school activity unless permission has been sought from the HoD, and then only under strict conditions.

Before tabling, the Portfolio Committee on Basic Education held extensive public hearings in all nine provinces, received written submissions, and held public hearings at Parliament for interested parties and organisations to make further oral submissions.

The BELA Bill, which was published for public comment on 13 October 2017, proposed to amend the South African Schools Act (SASA) and the Educators Employment Act (EEA) to align them with developments in the education landscape and to ensure that are put in place in a manner which respects, protects, promotes and fulfils the right to basic education enshrined in the Constitution of South Africa. Another aim of the Bill was to bring about certain technical and substantive adjustments in the SASA and the EEA, to clarify certain existing provisions and to insert certain provisions to cover matters which are not provided for in the existing legislation.