President Cyril Ramaphosa to sign a land mark legislation into law known as the Basic Education Laws Amendment (Bela) Bill on the 13 of September Friday today, in a public ceremony in Pretoria. The contents of the bill have proven to be contentious, with split support and opinions, especially from the Democratic Alliance which is a major stakeholder in the Government of National Unity. The bill will aim to strengthen governance in the country’s education sector which is supposed to help improve the system. This is despite the flaws and controversies.
56 clauses are in the Basic Education Laws Amendment Bill.
- Grade R will become compulsory, but now it is optional and will be the new school-starting age.
- Address pitfalls that have affected education in the past, such as infrastructure, administration, and teacher and pupil misconduct.
- The right of learners to receive learning in their mother tongue in the language policy.
- Penalties for parents and guardians who don’t ensure their children are in school.
- Confirm that corporal punishment is no longer allowed in schools, penalising offenders found guilty of this offence.
- Sign language will also become an official language in public schools.
- A public school to adopt more than one language of instruction.
- Enhance the authority of the Head of the Department in the admission of learners.
- If Grade R becomes compulsory now, what happens as regards the children who did not attend before? How will attending Grade R impact those who are unable to afford it. Can the government pay for them? Transport could be a problem for those who can’t attend.
- One of the key problems as regards to infrastructure would be access to transport and technology, computers and the internet. Administration would include the communication and relationship between the Education department and teachers.
- Learners should be able to learn instruction in their home language there is nothing wrong with that. It facilitates understanding and is one way to preserve a language.
- Four is quite controversial and also brings into question the matter of whether parents or guardians are allowed to have their children home schooled or thought on line.
- Five is reasonable and justifiable. Corporal punishment should have no place in schools and should be banned.
- The introduction of sign language in schools as a compulsory language is interesting, and will lead to deaf children being more inclusive.
- If a school were to adopt more than one language of instruction then there might be confusion. Does it mean there will be schools that will offer their language of instruction in Xhosa or Zulu? These are questions that need to be answered.
- Will the Head of the Department have more say in which learners are able to continue their studies up to a point? How will that work?
This has proven to be a bill that has generated mixed emotions.
The Basic Education Laws Amendment (Bela) Bill has been a source of debate within sections of society who believe the Bill gives government excessive powers over the futures of children and their parents. The Presidency states the Bill will “strengthen governance” and “account for developments in the education landscape” since the signing of 1996 and 1998 pieces of legislation that it will alter. President Ramaphosa stated that he will hold a public signing of the Bill at a ceremony at the Union Buildings in Tshwane on Friday. Some of the more contentious amendments include a public school needing to submit a language policy for approval to the government, with the relevant departments able to instruct a school to adopt more than one language of instruction. Initiation practises will be prohibited and schools must also compile codes of conduct that consider the inclusivity and diversity of cultures and other social needs.
Bela is proving to be quite divisive depending on the amount of power the state has in determining education. Educational reform has always been controversial the world over when it is decided by governments. South Africa is no different. The president is trying to leave a permanent mark on the political landscape for his legacy through the signing of this bill. It is not always possible for legislation to cover every aspect of what a pupil or student learns in school or what they take from it into adult life. It is good that the bill bans initiation practices as this is inspired by peer pressure and leads to bullying. The issue of language policy should be settled at provincial level. For all the pomp and ceremony that will accompany the signing of the bill practicality should be centre stage. Schools should take into account the cultural heritage and background of students in their codes of conduct.
This will tackle ignorance and create inclusivity. Not everyone is content or in agreement with the bill though.
As well as objecting to the language and admissions powers granted to the department, Freedom Front Plus (FF Plus) stated that enforcing this Bill will create “needless uncertainty and disputes about clearly established rights.” FF Plus chief spokesperson for Basic Education Wynand Boshoff said the bill undermined homeschooling and online learning. “The fact that the bill makes no mention of electronic education systems whatsoever makes it outdated before it has been promulgated,” stated Boshoff.
Bela is clearly inconsistent with reality. The law’s inconsistencies need to be reviewed and the concerns of coalition partners in the GNU taken into account. If the National Education Department exercises more power than it has to over schools according to the bill then it (the bill/Bela) should be scrapped. Departments of education at provincial level should suffice in overseeing the education on a direct basis. Not the Union buildings in Tshwane. The bill should especially be considered for review concerning who has a say in home schooling and online learning.
Bela is likely to be scrapped by the Constitutional Court when it is brought there by the DA and FF Plus. This could be in the event that the coalition government collapses. It depends on how Ramaphosa deals with the fall out from the bill. Disagreements will always arise.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
