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Education - The BELA Bill
South Africa's Education System Gets a Major Overhaul with BELA Act
By Jessie Taylor
The Basic Education Laws Amendment (BELA) Bill has been signed into law by President Cyril Ramaphosa, marking a significant step towards transforming and enhancing the nation’s basic education system. President Ramaphosa signed the BELA Bill into law in September at a ceremony held at the Union Buildings in Pretoria. This historic legislative change marks a milestone achievement in the government’s mission to reshape South Africa’s education sector.
Consultative Process
The Department of Basic Education (DBE) has long recognised the need for structural changes to serve South African learners better. According to DBE Chief Director for Planning and Implementation Support, James Ndlebe, the BELA Act introduces changes primarily focused on governance, school policy, and accountability.
The legislation’s journey to enactment was marked by extensive consultations, with nearly 5,000 public comments submitted and 144 petitions gathering close to 196,000 signatures.
One of the core elements of the BELA Act involves rethinking the role of School Governing Bodies (SGBs) in determining language and admissions policies. Under the new law, SGBs maintain the initial authority to set school policies, but these are now subject to review by provincial Heads of Departments. This oversight aims to ensure that admissions and language policies do not unfairly exclude or discriminate against any community members.
Minister in the Presidency, Khumbudzo Ntshavheni, praised this policy shift, emphasising its role in fostering inclusivity. By requiring SGBs to consider the broader linguistic needs of surrounding communities, the Act encourages language policies that reflect local demographics, particularly in suburban areas where language exclusivity can limit access. This measure aims to address linguistic imbalances in certain regions and better support diversity.
Another groundbreaking provision of the BELA Act is the introduction of Grade R as the compulsory entry point for schooling, emphasising early childhood development’s critical role in a child’s educational journey. The Act holds parents accountable for ensuring their children attend school consistently, making it an offense for caregivers to neglect this duty.
This requirement aligns with government efforts to strengthen the education foundation from an early age, particularly for communities where resources and learning opportunities are limited. As Minister Ntshavheni pointed out, early education provides a crucial opportunity for young children to be exposed to formal learning, which includes foundational literacy, social skills, and group interaction.
The BELA Act enforces heightened financial accountability for schools and SGBs, requiring schools to operate with greater transparency regarding their budgets and financial decisions. The law also strengthens school safety by reinforcing the ban on corporal punishment, with strict penalties for violations.
Further Engagement On Key Issues
Recognising the diverse opinions on the BELA Act, particularly on admissions and language policies, President Ramaphosa has allowed three months for public engagement on two contentious clauses. This window allows open discussions on these matters, focusing on promoting national cohesion and addressing concerns raised by different communities.
The primary aim of this period is to address concerns expressed by groups and individuals, particularly around how these clauses might impact school autonomy, language diversity, and admissions fairness. By gathering more insights, the government aims to fine-tune the implementation of these clauses, ensuring they are practical and respectful of local contexts before they come into force.
The Two Key Clauses Under Review Are:
• Clause 4 – School Admission Policies: This clause mandates that provincial Heads of Department (HoDs) oversee and, if necessary, intervene in school admission policies to prevent discriminatory practices and ensure equitable access, especially for vulnerable groups. The BELA Act enshrines fairness in school admissions, especially benefiting vulnerable learners such as children of undocumented migrants. Schools must adopt admission policies that do not discriminate, ensuring that every child has the right to an education.
Additionally, the Act guides schools in creating codes of conduct that respect diverse religious and cultural backgrounds, fostering an environment of mutual respect and tolerance.
• Clause 5 – Language Policies: This clause requires schools to consider the broader linguistic needs of their communities when setting language policies. While it aims to promote inclusivity, some communities, particularly Afrikaans-speaking schools, raised concerns about potential encroachment on mother-tongue education. Despite concerns that the law may weaken SGB authority over language and admissions, the BELA Act emphasises that these bodies retain control, provided they adhere to the provincial guidelines for equitable access.
This clarification is particularly important for those who fear a loss of language diversity in education; the Act reinforces the right to mother-tongue instruction in line with constitutional protections.
The engagement will include SGBs, cultural and linguistic groups, and education experts and civil society. Based on the feedback, the government may issue further guidelines on how provincial HoDs can exercise their oversight role regarding school admissions and language policies. This could include clarifying the circumstances under which HoDs may intervene.
After the three-month consultation period, the DBE will compile a report detailing the findings, feedback received, and any adjustments made to the implementation approach. This report will be publicly accessible to ensure accountability and transparency. If there remains a lack of consensus on certain issues after the consultation period, the DBE may consider additional measures, such as phased implementation or further public discussions, to ensure the Act’s implementation is as inclusive as possible.
