THE Portfolio Committee on Basic Education has continued to listen to oral submissions from public groups around the Basic Education Laws Amendment (BELA) Bill.
The planned laws have been met with wide criticism in the submissions heard so far, with the latest round of commentary continuing to push back against key elements of the bill – including a big change for language policies.
Broadly, the BELA Bill proposes to amend the South African Schools Act (SASA) and the Employment of Educators Act (EEA) to tackle several issues that have gained prominence in South Africa.
This includes some definitions which are not clear, introducing ways to hold school governing bodies (SGBs) more accountable, and taking control over language policies from SGBs and giving it to the government.
Some of the key amendments that the bill aims to make include:
- – Making grade R the new compulsory school starting age, as opposed to grade 1, as is currently the case.
- – Forcing homeschooled learners to be registered for this type of schooling.
- – Criminalising parents who do not ensure their child or children are in school, with fines or jail time up to 12 months.
- – Holding school governing bodies more accountable for disclosures of financial interests – including those related to their spouses and family members.
- – Prohibiting educators from conducting business with the state or being a director of public or private companies conducting business with the state.
- – Abolishing corporal punishment and initiation/hazing practices.
- – Allowing schools to sell alcohol outside of school hours.
- – Giving government department heads power over language policies and the curriculums a school must adopt.
Previous submissions to the committee implored lawmakers to leave schools that are performing well alone and to get rid of any attempt to sell alcohol on school grounds.
Concerns have also been raised about extending the government’s powers to interfere with language policies.
The latest round of submissions has echoed many of these sentiments while addressing new challenges.
The committee heard from nine organisations and stakeholders wanting to contribute to the drafting of the legislation.
This includes the Pestalozzi Trust, the Federation of Associations of Governing Bodies of South African Schools (Fedsas), the South African Democratic Teachers Union (Sadtu), Section 27, Cause for Justice, AfriForum and the Congress of South African Trade Unions (Cosatu).
Fedsas, representing school governing bodies, said that about 80% of school governing bodies in the country are dysfunctional and require intervention – however, it said that the functional and successful bodies should be allowed to continue as they are, without the interference of the state.
Other presenters, like Section27, were welcoming of intervention and accountability measures but noted that historically disadvantaged schools face many more obstacles – which aren’t addressed by the amendments.
Section27 also raised the question of corporal punishment, noting that the current definition only extends to physical forms of punishment, excluding non-physical forms of punishment.
This is a concerning omission as cruel and degrading forms of non-physical punishment have been shown to have severe adverse impacts on learners, it said.
Cosatu raised concerns that the bill does not extend compulsory schooling from Grade 9, where it is currently, to Grade 12.
Many learners drop out of school in Grade 9 or when they turn 15, which condemns them to low-paying jobs with few career prospects, the union said.
There were mixed reactions regarding the consumption and/or sale of alcohol on school premises outside school hours. Many felt additional provisions setting the conditions for liquor sales are not enough to prevent learners from accessing liquor in such events.
Language policies under fire
As with previous presentations, the bill’s position on language policies again caused friction.
Through the BELA bill, the government plans to give itself more power around language policies at schools in South Africa – including the main language of instruction.
The additional powers grant the final authority for admission and language policies to provincial heads of department. Currently, school governing bodies have this authority.
It also mandates provincial heads of department to consider the needs of the broader community in considering language policies, and authorises the heads of department to order mergers of schools.
Sadtu recommended that clear provisions regulating language policy be inserted in the bill to facilitate access and uniformity across the system. The teachers’ union felt that provision should be made to unlock stalemates between the heads of department and the governing bodies relating to schools’ language policy.
Sadtu recommended that a clause be inserted that will ensure that governing bodies do not apply the school’s language policy directly in the admission of entry-phase learners.
Afriforum, however, pushed back against language policies being in the bill at all, saying that the amendments contained in the bill pertaining to admission and language policies amounted to a calculated attack on Afrikaans education while offering no relief to the speakers of other indigenous languages.
The proposed changes to the language policies have been heavily criticised, with the Democratic Alliance noting previously that the amendments are effectively politicising education by taking the power out of the hands of the communities and parents who know what is best for their children and putting it in the hands of the government.
Similar arguments were raised by the FW de Klerk Foundation and Die Skole Ondersteuningsentrum, with more opposition expected.
BUSINESS TECH
