President Cyril Ramaphosa will sign into law the Basic Education Laws Amendment (BELA) Bill, on Friday, 13 September 2024.
The BELA Bill amends sections of the South African Schools Act of 1996 (SASA) and the Employment of Educators Act, 1998 (EEA).
A major debate is raging in the media, primarily premised upon control and management of Basic Education by the DBE HoD versus the School Governing Bodies (SGBs).
Nelson Mandela Bay’s Executive Mayor, Gary van Niekerk, weighed in on the debate.
“Firstly, I think the BELA Bill aims to strengthen governance within South Africa’s education sector, and I must therefore welcome its content.”
“Remember that these amendments were formulated as a response to certain court judgments for which government had to account for, and also considers various developments that have taken place in the education landscape since the enactment of the original legislation.
The Presidency has said that BELA protects and gives effect to the Bill of Rights, and I wholeheartedly agree herewith.”
Among other things, the BELA Bill further defines assessment, and details corporal punishment as including any and all harm inflicted upon learners.
“We must welcome such initiatives,” said Mayor van Niekerk. “Too often we see learners being physically harmed and emotionally jarred, and I’m happy that BELA defines in detail what such harm constitutes.”
“But I think the most important aspect of the new Bill, is the fact that all learners, from Grade R onwards must be at school.”
Clause Two of BELA, amends Section 3(1) of the South African Schools Act, to specify that compulsory school attendance is from Grade R onwards and introduces penalties for non-attendance. “We cannot have our children running around on the streets. They need to be in school, in a structured environment, being enlightened and educated by our teachers.
“Education remains the rock upon which our society is built. So, I would encourage all stakeholders, especially our parents, to ensure that our children are enrolled in school.”
“With regard to language and admission policies, BELA is being criticised for usurping this responsibility from the school principals and SGBs and giving it over to the DBE HoD.
“But this is nonsense,” says Mayor van Niekerk. “BELA is very clear that schools are still responsible for developing and managing these policies. The HoD will only intervene if issues arise, which is the case now anyway.”
“I also welcome Clause 7 of the Bill, which pertains to developing a code of conduct, and emphasises the importance of getting input from parents, the community, and learners. This is exactly what we need. The say ‘it takes a village to raise a child’, and this clause, along with others, such as those dealing with misconduct, gives effect thereto.”
Mayor van Niekerk, citing the crime pandemic in Nelson Mandela Bay, was quite adamant that also BELA contributed to the safety of communities.
“We must face reality,” says Mayor van Niekerk. “Many of our schools have unfortunately become prime sites for criminal elements to take advantage of our impressionable youth. BELA provides for drug-testing, searches, and guides schools on how to handle cases such as stabbings or rapes.”
“These are unfortunate realities that our communities deal with on a daily basis, and we can’t bury our heads in the sand. We have to deal with these social ills decisively if we want to build a safer and better Bay.”
Mayor van Niekerk also welcomed the oversight role of an HoD. “We are all accountable to someone. In my case, I am accountable to the MEC, Premier, Minister and most importantly, the people of Nelson Mandela Bay. Likewise, it is only befitting that SGBs are accountable to their respective school communities and, if they are not performing well or are dysfunctional, as the BELA Bill says, they must be removed.”
“Most of our SGBs are committed and have the best interests of our learners at heart, so they have nothing to fear. We should never fear accountability and measurement.”
“As the Executive Mayor of Nelson Mandela Bay, on behalf of the people, I fully support and welcome BELA, and I encourage all stakeholders and communities to work collaboratively to make our children the best they can be.”
“BELA provides the legislation. It is our collective duty, as a community, to provide the care, nurturing and education of our children.”
NMB Communications
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