Bela Bill is acceptable though not perfect: Governing Body Foundation

The Basic Education Laws Amendment (Bela) Bill signed into law by President Cyril Ramaphosa on Friday is acceptable though not perfect. 

This is the view of the Governing Body Foundation (GBF), a service organisation that promotes sound governance in South African public schools. 

The organisation said the bill was signed with a last-minute surprise announcement that implementation of clauses 4 and 5, those that deal with sections 5 and 6 of the South African Schools Act, would be deferred to allow three months for solution-seeking negotiations.  

Clause 4 provides for an admission age and for a parent to enrol a child at a school to start attending Grade R at a younger age, subject to conditions. Clause 5 provides for the school governing body to submit the language policy of a school to the provincial education department head for approval. 

“Though it is not a perfect piece of legislation, and the devil will lie in the detail when the changes must be implemented, the act is sufficiently acceptable,” the GBF said. 

It believed the passing of the bill in the National Assembly was conducted in a hasty manner at the close of the sixth government administration while some amendments still needed further consideration.  

“This is regrettable and such conduct should not be condoned. It is the right of all parties in parliament to engage with legislation in a procedurally correct manner.” 

The three-month period for further solution-seeking appeared to be a partial acknowledgment of this.  

The GBF believed the amendment that gave final authority to the provincial education department head regarding admissions and the school language policy contained sufficient administrative control measures to protect schools, provided education departments acted in good faith. 

“Experience has shown some do not always follow the correct procedure. The GBF therefore welcomes the opportunity for solution-seeking though this move creates further legal hurdles.” 

The foundation supported the inclusion of compulsory Grade R in the definition of “basic education”.  

“This extra year of schooling will be of enormous advantage to learners.” 

However, there was much more to be done, not least finding the funding for this extra year of formal schooling.  

Signing the bill into law was not a calamity.  

“The amendments were made to make the education system function better in the best interests of all learners,” it said. 

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