Op-eds

There are 56 good reasons South Africa needs the Bela Bill

9 Jan 2025

The debate around the Bela Bill has long focused only on two clauses – admission and language. In reality, the other clauses of the new Bill are equally important.

It has already been seven years since Angie Motshekga announced the Basic Education Laws Amendment Act (Bela). Although President Cyril Ramaphosa signed the Bill on 13 September 2024, it was with the exclusion of clauses 4 and 5 (language and admission policy). Owing to the continued opposition to these clauses, they were referred to the working committee of the government of national unity partners. Only once the parties had reached an agreement was the Bela Bill finally signed into law by the President on 20 December.

Why a new education act?

It cannot be denied that the Basic Education Act in the past was based on discriminatory legislation which led to great inequality in education. That is why the Constitution emphasises that the new South Africa originates from a striving to heal inequality and divisions of the past and build a society based on democratic values. To offer a better life and equal opportunities to all South Africans, a new education act was needed.

What is the debate about?

The two clauses which fuelled the debate and led to opposition in the past were those dealing with language and admissions policy. They caused great controversy because they meant pupils could be refused admission, even if they lived within the school’s catchment area, on the grounds of language.

Afrikaans schools alleged that the two clauses would strip school governing bodies (SGBs) of their decision-making powers, because language policy for schools would now have to be approved by provincial education heads and must take into account the linguistic circumstances of the community. They argued that moving the final authority to the provincial education heads gave the state the right to change schools’ language and admission policies.

On the other hand, the government argued that the Bill allowed the head of the department only the right to intervene in the event of a dispute over language and admission policy. It does not take away the powers of school governing bodies to determine policy, but only ensures that they comply with legislation. Any changes to schools’ admission and language policies will take place in consultation with the SGB. It will ensure that all official languages enjoy equal status and schools cannot use language as a basis for discrimination.

Rivonia case

In the Rivonia case, in 2013 the Constitutional Court took a firm stand that education authorities must ensure that the admission of pupils is fair and within the framework of the Constitution and puts the wellbeing of the child first. It determines that a governing body does not have unlimited and uncontrolled power over a public school. Not only will this limit the transformation of schools but according to the state will continue the status quo and deny the diversity that is a reality in our schools. The court found at the time that the department had the right to set aside the non-admission of a pupil to a school. This authority is now contained in the new legislation.

56 clauses

The Bela Bill is comprehensive and consists of 56 clauses. Owing to the excessive focus on the abovementioned two clauses dealing with language and admissions, the others have disappeared into the background. The Bill makes a number of amendments to the South African Schools Act (Act 84 of 1996) which will fundamentally change the education landscape. It is based on the current requirements of the changing demography of South African and the findings of the courts. Space is too limited to address all 56 clauses, thus I focus on only a few.

The right to education

After many pupils lagged behind during the pandemic, it is gratifying that the new legislation makes it possible to prosecute those who prevent children from going to school. The Bela Bill includes fines with even a possibility of imprisonment for parents who do not ensure that their children attend school. This also goes for education unions and political parties who in the past used the “struggle children” as cannon fodder. In the process, the education of many children was sacrificed. I still believe that the place of teachers is in the class or on the sports field; a view which made me unpopular at one time.

Early child development

A big problem is the lack of preschool education for the majority of pupils because impoverished parents cannot afford to send their children to Grade R. According to teachers in the foundation phase, it takes them as long as a year to prepare pupils for school before they can start the Grade 1 curriculum. This indicates the cause of our pupils’ poor performance in reading and writing as reflected in the recent literacy test results (PIRLS) and the results of science and maths tests (TIMSS). The Bela Bill now makes Grade R compulsory.

A united nation

The matter of rural schools which are emptying has been addressed. According to the new Bill, these schools can now amalgamate. It can promote unity between communities which were separated by apartheid. Pupils who in the past were in schools with no or few resources will now have access to laboratories, school libraries, sports facilities and school halls which will promote their academic performance. In these difficult economic times it is encouraging that parents can apply for the waiving of school fees. In addition, parents who provide false information to obtain this waiver will be prosecuted.

Homeschooling

The Bela Bill provides strict guidelines for parents who want to provide homeschooling for their children. This includes compulsory registration at the department which must have a record of every child to ensure that children of school-going age are receiving education. The new Act requires independent assessment before approval of any qualification is provided. Examinations must be assessed by independent education officials (not by the parents). Parents are still allowed to choose the curriculum as long as it is internationally acknowledged and not inferior to the curriculum offered by public schools.

Misconduct

Every school principal and teacher knows the frustration when a child is first sent home for five days before action can be taken against misconduct. For many offenders it meant five days’ holiday! The Bela Act provides strict measures against misconduct by pupils and gives schools the right to expel offenders for serious offences.

Corporal punishment

All corporal punishment and initiation practices are forbidden in line with the Child Protection Act. Because my education students do their practice teaching all over the country, I am aware that corporal punishment is still practised in many schools. Those teachers and schools can now be prosecuted if the parents inform the department.

Drug abuse

The abuse of drugs is a big headache. Therefore, the measures regarding the possession and use of drugs on schoolgrounds have been adjusted, as well as the regulations regarding the expulsion and eviction of children guilty of such abuse. Schools can now act more strictly in cases of serious misconduct.

Afrikaans

From the ranks of Afrikaners it is alleged that the Bela Bill is a deliberate effort to undermine Afrikaans and mother-tongue instruction. The government strongly denies this and says the Bill is not aimed at a specific group but is a search for a solution to a nationwide challenge where schools in the past were built around ethnic groups.

Read more: Bela Act is exactly what South African education needs

Now that there is racial and ethnic integration in communities, children should have access to schools in their neighbourhood instead of expecting them to go to a school serving a specific ethnic group. These schools are sometimes far from their home, bringing further expenses and limiting extramural activities.

Onus on the government

The optimist in me, as well as my lifelong mission to work in an education environment where all children have equal opportunities, compels me to believe in the Bela Bill. The onus is now on the government of national unity and the new education minister (who in my view has been thrown in the deep end). The proposed legislation sounds praiseworthy. The condition is that resources are supplied. The compulsory Grade R tuition is going to cost billions, but is essential. Without it, reading and writing will remain just a dream for most pupils.

We simply need to turn the education ship around. Currently we are headed for a tragedy. Let us hope that the confidence in the Bela Bill will be the beginning of true transformation of our education system – which will unlock the huge potential of our children.

Teething problems there will be. But maybe everyone should take another look at the Constitutional Court judgment on the Rivonia matter, where the court found: “It is time that school communities work together in good faith in a process where mutual trust and respect are building blocks for a healthy future school community.” DM

Le Cordeur is emeritus professor of education at the University of Stellenbosch.

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