President Cyril Ramaphosa is set to sign the contentious Basic Education Laws Amendment (BELA) Bill into law today, sparking a fierce backlash from several political parties and advocacy groups who argue that the bill overreaches and undermines the rights of schools and parents.
So, what exactly is the BELA Bill, and why is everyone talking about it? Let’s explain it in simple terms.
The Basic Education Laws Amendment (BELA) Bill is all about updating some of the old rules governing our schools in South Africa. Here’s a quick look at the main changes the bill is bringing:
- Grade R becomes compulsory: Remember how Grade 1 was the official start of school? Well, not anymore! The BELA Bill makes Grade R (currently a part of early childhood development (ECD)) compulsory for all kids. This means every child will need to start school with Grade R, and the plan is to roll this out across nearly 8,000 schools.
- Criminalising parental negligence in school attendance: The bill takes a hard line on school attendance. If parents don’t make sure their kids are attending school, they could face criminal charges or even jail time. Anyone causing trouble or disrupting school activities could end up behind bars for up to a year.
- Home-schooling gets more rules: The bill sets out new regulations for parents who prefer teaching their kids at home. The government can now conduct site visits before approving any home-schooling setup. Plus, the Minister of Basic Education will have more power over managing home education.
- New language rules for schools: The bill shakes up how schools handle language policies. Instead of having the final say, school governing bodies (SGBs) will now have to submit their language plans for approval. These policies must consider the language needs of the whole community, aiming to be more inclusive.
- Respecting religious and cultural beliefs: Schools must ensure their codes of conduct respect all cultural and religious beliefs. This includes allowing students to apply for exemptions from specific rules that clash with their beliefs.
- Corporal punishment is out completely: The bill doubles down on banning corporal punishment in schools. Anyone caught breaking this rule could face fines or even jail time, making it clear that physical discipline is no longer an option.
- No more alcohol at schools: The bill also introduces stricter rules against alcohol on school premises, aiming to keep school environments safe and focused on learning.
Why is the BELA Bill Controversial?
So, why the fuss? Critics say the BELA Bill gives too much power to the government and removes decision-making from local School Governing Bodies. They’re especially worried about the rules around language and admissions, arguing they could limit the rights of schools and parents.
Political parties like the Democratic Alliance (DA) and groups like AfriForum believe this bill could violate constitutional rights, like the right to mother tongue education. They see it as a “power grab” by the African National Congress (ANC) and argue that it misses the mark on fixing the real problems in our education system.
“Centralising power in the hands of unelected bureaucrats undermines the critical role of parents, educators, and local governing bodies in shaping the educational landscape of their communities,” according to the DA.
Opposition to the BELA Bill has been strong and vocal, with critics from different political parties and organisations raising several concerns:
- The DA: The DA, a partner in the Government of National Unity (GNU), has called the bill unconstitutional in its current form. They’ve pushed for President Ramaphosa to send it back to Parliament for amendments. According to DA leader John Steenhuisen, signing the BELA Bill could undermine the principles on which the GNU was founded. The DA has also vowed to take the matter to the Constitutional Court, arguing that the bill infringes on fundamental rights.
- ActionSA: ActionSA has echoed similar concerns, with their Chief Whip, Lerato Ngobeni, highlighting how the bill undermines local school autonomy and is not in the best interests of students and teachers. ActionSA sees the bill as a heavy-handed approach that centralises too much power with the national government, particularly concerning language policies and school admissions.
- AfriForum and Solidarity: AfriForum, alongside Solidarity and other Afrikaans cultural organisations, will take legal action if the bill is signed into law. They argue that the bill strips away the rights of School Governing Bodies to decide on school admission and language policies, which they see as a direct attack on Afrikaans education. Solidarity’s Chief Executive, Dr Dirk Hermann, described the bill as crossing a “red line” that could threaten the GNU’s foundation.
The political significance of a public signing
President Ramaphosa’s decision to sign the BELA Bill into law publicly is a big political move and can’t be taken lightly. The last time he did something like this was when he signed the National Health Insurance (NHI) Bill into law just before elections, in what many saw as an effort to gain voter support for the ANC.
In the short term, Ramaphosa may be signing the BELA Bill to remind his allies and certain factions within the ANC that they still hold significant power. COSATU has already supported his decision, and other groups will likely follow.
The current Minister of Basic Education, the DA’s Siviwe Gwarube is caught in the middle. Gwarube has publicly opposed the bill and announced this morning that she will not attend at the Union Building for the bill’s signing. “We must consider the objections to the Bill and ensure that it is rectified to avoid protracted and costly legal action. I have thus written to the president and notified him that, in the present circumstance, I cannot attend today’s signing ceremony until concerns regarding the Bill are rectified,” she said.
Even if Gwarube tried to oppose the bill, her hands would be tied, as education is a provincial competence, and the MECs and provincial departments could still implement the law regardless of her stance.
In the coming days, all eyes will be on President Ramaphosa to see if his decision to sign the BELA Bill will strengthen his political standing or spark further divisions within the coalition government and among the people it aims to serve.