ST Louw

The ANC welcomes the signing into law of the Basic Education Laws Amendment Bill which aims to strengthen governance within South Africa’s education sector. The bill also seeks to address the challenges that have hindered the education system for years in relation to infrastructure, administration and misconduct of learners and teachers.

The Bill would significantly change the South African Schools Act of 1996 and the Educators Employment Act of 1998. Some of the key amendments include: Making Grade R the new compulsory school-starting age; Criminalising parents who do not ensure their children are in school; Regulation of home education; school governing bodies to submit their language policies for approval, and confirms the ban on corporal punishment.

There is a common misconception that the Bill aims to erode the autonomy of School Governing Bodies (SGBs). This is false. Instead, it harmonises the SGB’s powers with the directives of the relevant provincial head of department (HOD). While 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.

Another misconception to the Bill is claiming it as “Abortion Bill”. The Bill does not empower teachers or school officials to participate in a learner’s decision regarding abortion, the reference to “learner pregnancy” in the BELA Bill is unrelated to abortion. The focus is on comprehensive sexuality education within the curriculum.

Seeking to redress the imbalances that exist within our education system is what the Bill is ultimately aiming to do and any opposition to this, is opposition to achieving an inclusive and equitable educational system.