President Cyril Ramaphosa has, today, 13 September 2024, signed the Basic Education Laws Amendment (BELA) Bill into law at the Union Buildings in Pretoria. The BELA Bill was passed in the National Assembly, Parliament on 16 May 2024, with 223 votes in favour of and 78 votes against the Bill. This was a major achievement for the 6th Administration and for the transformation of the South African Basic Education Sector after almost a decade of deliberation.
The DBE’s Chief Director for Planning and Implementation Support, Mr James Ndlebe, explained that “the Act is making amendments to certain sections of the South African Schools Act (SASA) of 1996 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”.
The Education Basic Amendment Act has been shaped by extensive consultations over several years. In its development phase, it saw the submission of almost 5,000 comments from the public, alongside 144 petitions with a collective weight of 195,695 names. Such engagement underscored the deep-rooted public interest in and commitment to refining the basic education system.
The Act addresses critical challenges that have, for years, hindered the progress of our education ecosystem. One of the primary issues it tackles is the determination of the school language and admission policies by School Governing Bodies (SGBs). There is a common misconception that the Act aims to erode the autonomy of SGBs. In reality, it 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 the policies, the Act emphasises that this authority is not unequivocal. It ascertains that such policies are adaptable, inclusive, and congruent with the constitutional right to basic education”. Therefore, it is incorrect to contend that the power of the SGBs is taken away. Within the confines of the law, the HoD will only intervene where a language and admission policies discriminate against certain learners of the community, which the Constitution frowns upon.
Furthermore, the Act introduces Grade R as a reception grade in the Basic Education Sector and criminalises the unnecessary disruptions of schools by anyone while strengthening school governance and financial accountability of schools towards parents and the Department. The DBE expressed its satisfaction that the Bill has eventually been signed into law to ensure that all learners receive quality basic education and that no learner is left behind.