Gauteng public participation of on the education bill wraps up in Soshanguve

Soshanguve residents had an opportunity for their voices to be heard about the controversial education bill, Bela on March 1.

The public consultation was led by Tshilidzi Munyai of the Gauteng legislature as the last of four by the Gauteng government.

Previous sessions were held in the province in Randfontein and Johannesburg.

Other provinces still need to complete their process.

The Bela (Basic Education Laws Amendment) bill proposes significant changes to the SA Schools Act (SASA) of 1996 and the Educators Employment Act of 1998, such as the centralisation of power in the hands of provincial heads of education to decide on admission and language policies.

These powers rest with school governing bodies (SGBs).

The bill is currently before the National Council of Provinces (NCOP), and each province has to say if it approves the bill or not.

The session in Soshanguve was well attended.

Public consultation sessions have been held in all the provinces since the beginning of the year as part of the NCOP decision-making process.

Various civic organisations including the Universal Association of SGBs and National Association of SGBs attended.

The NCOP select committee on education and technology, sports, arts and culture wants the bill to be finalised by April 17 and has lined up 26 organisations and three members of the public for oral submissions this month.

The bill mandates SGBs to submit a language policy “considering the broader community’s language needs” for the approval of the head of education.

Parents were especially concerned about the bill’s stipulation about learner pregnancy, saying this raised questions about the privacy rights of minors and role of parents around these pregnancies.

This as Clause 9 would give a learner confidentiality that potentially could leave parents unaware of their child’s medical choices, including abortions.

Civil rights organisation AfriForum expressed concerns about the threat to mother-language education during the session.

“It is now time to rethink education legislation, rather than devoting further time and money to this ideologically charged, unconstitutional and outdated bill. The current collaboration model of school communities and the state must be protected, as well as all aspects that can promote mother-language education,” said AfriForum spokesperson Alana Bailey.

Munyai had highlighted key clauses in the bill, including making attendance of Grade R compulsory, school disruptions, homeschooling, strengthening of governance and accountability, and giving the final authority for learner admissions in public schools to the head of department after consultation with the SGB.

Other key points:

– criminalise parents who fail to ensure their children attend school, with the potential of jail time

– disrupting school activity is a crime liable for up to 12 months’ imprisonment

– the head of department is to conduct a home-schooling site visit before approval

– the minister of basic education is to regulate the registration and administration of home education

– the possession, consumption or sale of liquor at private or religious events is allowed at school premises

– school code of conduct must respect cultural and religious beliefs, including allowing for learners to seek exemptions from code requirements.

– the prohibition of corporal punishment is reaffirmed and whoever administers it makes themselves liable to a fine or imprisonment.

Read the bill here: https://www.parliament.gov.za/storage/app/media/Bills/2022/B2_2022_Basic_Education_Laws_Amendment_Bill/B2B_2022_Basic_Education_Laws_Amendment_Bill.pdf

Watch the Soshanguve meeting here:

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