The National Assembly (NA) passed the Basic Education Laws Amendment (BELA) Bill on 26 October 2023, in Parliament and has since referred the BELA Bill to the National Council of Provinces (NCOP) for further processing. The DBE subsequently briefed the Select Committee on Education and Technology, Sport, Arts and Culture on 8 November 2023, during a clause by clause analysis of the B-Bill version of the Bill.

At its core, the BELA Bill reflects South Africa's aspiration for a more inclusive, equitable and efficient basic education system, addressing key challenges that have, for years, hindered the progress of the education ecosystem.

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.

Amongst the amendments to the BELA Bill, 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 School Governing Body (SGB) will be required to submit the language policy of a public school and any amendment thereof to the Head of Department (HoD) for approval.

According to Ms Phumelele Ngema, Legal Advisor, Parliament, the BELA Bill will now be subjected to the Parliamentary processes required for taking the Bill forward, based on the complexity, importance and impact of the Bill. The BELA Bill is an Ordinary Bill that affects provinces (Section 76 Bill) and must therefore be considered in both Houses. Members of the NCOP therefore do not vote as individuals, but as provincial delegations. Each provincial delegation has one vote and there are nine possible votes regarding Bills that affect provinces. These Bills must also be discussed by each provincial legislature for each legislature to give its NCOP delegation a voting mandate. This makes it necessary to have eight-week legislative cycles. Bills are usually considered by a Provincial Committee, which may hold public hearings on the Bill to receive comments and suggestions. These Committees make recommendations to their legislatures, which then decide on their position on each Bill and mandate their NCOP delegation accordingly. The delegation then casts its one vote on behalf of its province and in accordance with the provincial legislature's mandate. The NCOP must pass, amend or reject a Section 76 Bill. If the Bill was introduced in the NA, however, the NA can override the NCOP decision with a two thirds majority of its Members.