President Cyril Ramaphosa has officially signed the Basic Education Laws Amendment (BELA) Bill into law, which aims to strengthen governance within South Africa’s education sector.
Delivering remarks during the signing ceremony held at the Union Buildings on Friday, President Ramaphosa said the signing of the Bill marked an important step towards resolving the longstanding challenges in the country’s education system.
Since the advent of democracy, the President said government has made notable progress in expanding access to education for the children of the country. However, he acknowledged that barriers to access still remain.
“Despite the progress that has been made, there are challenges in basic education that hinder our progress. We have seen cases of learners being denied admission to schools because of their language policies.
“We have had cases of children not being allowed back to school or to sit exams because their parents cannot pay school fees. We have seen great disparities in norms and standards, in governance and in access to resources,” the President said.
He emphasised that the Bill seeks to address these challenges and is part of the state’s ongoing efforts to build an education system that is more effective and more equitable.
The Bill follows an extensive consultation process that sought to take account of views and suggestions from across society.
“Consultation, engagement and debate are defining features of our democracy. They enrich the policies that are adopted and the laws that are passed. The law that we are signing today further opens the doors of learning.
“It lays a firm foundation for learning from an early age. Grade R, the reception year before Grade 1, will now be compulsory. This will enhance our focus on Early Childhood Development. It will ensure young children are better prepared for formal schooling,” the President said.
He added that the law requires schools to apply the same standards for the admission of learners.
The Bill contains provisions for improving school admissions policies, particularly with respect to vulnerable learners, like children of undocumented migrants.
The legislation promotes greater accountability with respect to the role of parents and caregivers in ensuring children attend school consistently. Home schooling will now be subject to more effective regulation and oversight.
To promote inclusivity, the new law guides schools on the development of codes of conduct that take into account respect for religious and cultural beliefs.
“This is important for fostering a more tolerant learning environment and a more tolerant society.
“As part of advancing diversity and inclusion, the new legislation addresses the issue of language policy. Schools have to consider the broader linguistic needs of the communities in which they are situated,” the President said.
The law also seeks to align the role of the School Governing Body in determining language and admission policies with the responsibility of provincial education departments to ensure the constitutional right to basic education.
It seeks to ensure uniformity and fairness in educational standards across all schools.
To improve safety in the learning environment, the legislation reinforces the ban on corporal punishment. It introduces stronger penalties for those who administer corporal punishment.
The legislation also introduces financial and public accountability frameworks for School Governing Bodies. It guides the oversight of their activities and work.
Implementation of the BELA Bill
In light of the different views expressed about the Bill, President Ramaphosa said he had decided to delay the implementation date for clauses 4 and 5 of the Bill by three months.
“In the last few days, the parties to the Government of National Unity (GNU) have expressed their wish to further engage each other on sections of the Bill that deal with issues of admission and language.
“In the spirit of cooperation and meaningful engagement, I have decided to delay the implementation date for clauses 4 and 5 of the Bill by three months,” he said.
President Ramaphosa said this will give the parties time to deliberate on these issues and make proposals on how the different views may be accommodated.
“Should the parties not be able to agree on an approach, then we will proceed with the implementation of these parts of the Bill,” he said.
He said all agree on the need for a common framework for collaboration as government, as school governing bodies and as parents. “For our education system to work for all, we have to work better, smarter and in a more cooperative manner,” the President said.
He called on everyone to work together to ensure that all children receive good quality education, wherever they are and whatever their circumstances. The ceremony was attended by Basic Education Deputy Minister Reginah Mhaule, Gauteng Premier Panyaza Lesufi, Gauteng MEC for Education Matome Chiloane, Mpumalanga MEC for Education Cathy Dlamini, KwaZulu-Natal MEC for Education Sipho Hlomuka and Limpopo MEC for Education Mavhungu Lerule-Ramakhanya, among others.
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