Drama in Parliament as DA and ACDP MPs walk out of Bela Act draft report deliberations

Drama ensued in Parliament after members of the DA and ACDP MPs walked out ahead of deliberations on the draft Basic Education Laws Amendment Act (Bela) on Tuesday afternoon.

The meeting was scheduled to consider and adopt the draft national report on Bela after public hearings earlier this year.

But, the portfolio committee on basic education chairperson Bongiwe Mbinqo-Gigaba hit back following a statement released by DA MP Baxolile Nodada announcing their walkout.

Nodada stated earlier on Tuesday that they walked out after Mbinqo-Gigaba refused to allow clarity-seeking questions and forced the adoption of an “incorrect draft” Bela national report.

Read more in the Daily Maverick: Parliamentary report mostly gives thumbs-up to Bela Bill, with a few amendments

He said Mbinqo-Gigaba was forced to adjourn the meeting as the committee did not have enough members to make a quorum and to vote on the Bela clauses.

“We still do not know if the total number of submissions received were 32,941 or 34,509. We’ve sought clarity on how it was decided which written submissions would be analysed as all of the hand-delivered submissions seem to have been analysed, but only a portion of the email submissions (6,715 of 17,452) were analysed,” Nodada wrote.

He said they also have yet to receive the matrix analysis of submissions for each clause. Nodada stated that the requested reports from parliamentary legal services and National Treasury were also not forthcoming.

After their one-day walkout, Nodada stated that the committee proceeded with a presentation from the Department of Basic Education (DBE) on Bela financial implications — a report the DA specifically requested.

The DA, he stated, will not allow submissions from the public to be minimised or discarded.

He stated that it was of utmost importance that all submissions were analysed.

“There seems to be an attempt to skew perception that the public supports the Bela bill when all the data has yet to be analysed,” he wrote.

In its current form, Nodada stated that the Bela will disempower communities and schools from making decisions on their admission and language policies.

“We will not allow the ANC to push their agenda through Parliament and further wreck the education of millions of learners.”

‘Move to stall the Bela’

Later on Tuesday, Mbinqo-Gigaba stated that the committee could not reach a quorum after Nodada and fellow DA MP Marina van Zyl and the ACDP's Marie Sukers, walked out.

Mbinqo-Gigaba stated that their walkout was expected.

She stated that such behaviour was noted during the public hearings in provinces and the misinformation that was peddled.

Mbinqo-Gigaba said other MPs present at the meeting indicated that the draft report was a fair reflection of what occurred in the public hearings.

“That is also why we were able to adopt the report,” she said.

Mbinqo-Gigaba said it was at this stage, after the adoption of the report and before the deliberations on the bill could begin, that the three MPs staged a walkout.

She said this was concerning.

“As MPs and public representatives, we can differ with each other. It is how we express that difference that is worrying.”

MPs, she said, have the right to raise objections and have those included in reports.

She said their walkout was just another attempt of the group to stall the bill.

“We saw it during the public hearings with the misinformation that was being spread. We will however not be deterred and will continue tomorrow with our work.”
 
The bill proposes to amend the South African Schools Act (Sasa) of 1996 and the Employment of Educators Act (EEA) of 1998 to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner that gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996.
 
Among other things, the bill seeks to amend certain definitions, to make attendance in Grade R compulsory and to provide for improvements in admissions systems for learners in public schools.

It also provides for financial and public accountability frameworks for governing bodies and provincial departments.

The bill further provides Basic Education Minister Angie Motshekga with additional regulatory powers and enhances the decision-making and oversight powers of heads of departments and of members of executive councils.
 
It also proposes technical and substantive adjustments, clarifies certain existing provisions, inserts provisions not provided for in existing legislation and strengthens enforcement mechanisms for offences and penalties.

Some MPs previously raised concerns about clauses in the bill relating to the management of learner pregnancies and the regulation of homeschooling.
 
Deliberations resumed on Wednesday 16 August, and  Nodada and others from the DA and ACDP were present. DM