Public can voice their views on Bill to amend South African schools act

The public will be given an opportunity to voice their views on the recently introduced Basic Education Laws Amendment (Bela) Bill.

On Tuesday, The Portfolio Committee on Basic Education resolved to embark on an extensive public participation process, to ensure all interested stakeholders views be heard.

Committee Chairperson Bongiwe Mbinqo-Gigaba said the Bill would allow for the amendment of the South African Schools Act of 1996 and the Employment of Educators Act of 1998.

The bill aims to make grade R compulsory, provides for conditions under which liquor may be possessed, sold or consumed on school premises or during school activities and will further provide for several changes to how school governing boards (SGB) currently function.

“This is to amend the penalty provision in the case where a learner’s parent, or any other person, without just cause, prevents a learner who is subject to compulsory attendance from attending school,” said Mbinqo-Gigaba.

Mbingqo-Gigaba said the BELA Bill would also propose to increase the penalty provision from six months to 12 months, due to the prevention of schooling.

“The Bill also provides for the monitoring of school attendance by educators, principals and the school governing body.

It further creates an offence in respect of the interruption, disruption or hindrance of school activities,” she said. Gigaba said the Bill further looked at enhancing the authority of the Head of Department in relation to the admission of a learner to a public school, after consultation with the SGB.

“In addition, the Bill stipulates that the governing body of a public school must submit the school’s admission and language policies to the Head of Department for approval.”

The draft Bill will assign official language status to South African sign language as a medium of instruction in a public school. She said this would also allow, the Head of Department to direct a public school to adopt more than one language of instruction, “where it is practical to do so”.

“If the Head of department issues such a directive, he or she must then take all necessary steps to ensure that the public school receives the necessary resources to enable it to provide adequate tuition in the additional language of instruction,” said Gigaba.

She said the Bill made provision for the Minister of Education to have the authority to appoint a person, an organisation or a group of persons to advise on curriculum and assessment-related matters.

“It also stipulates that the code of conduct of a public school must consider the diverse cultural beliefs, religious observances and medical circumstances of learners at the school.

I must also provide for the inclusion of an exemption clause in the code of conduct and for disciplinary proceedings to be dealt with in an age-appropriate manner and the best interests of the learner.”

She said the committee provided a month for written public comment on the Bill.

Gigaba said the committee would try to use all platforms to make the public aware of the Bill as public participation would likely take place in March, after which it will still engage in more public hearings.

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