The Select Committee on Education and Technology, Sports, Arts and Culture today received a briefing from the Department of Basic Education on the Basic Education Laws Amendment Bill, which explained that the drafting process for the Bill began in 2017 and, after extensive consultations, it was sent to Parliament in January 2022.
The committee Chairperson, Mr Elleck Nchabeleng, explained that the National Assembly’s Portfolio Committee on Basic Education has already completed an extensive public hearing process on the Bill and it was now with the National Council of Provinces (NCOP) for concurrence. The Bill’s stated intention is to amend and align the African Schools Act and the Employment of Educators Act.
The Deputy Minister of Basic Education, Dr Reginah Mhaule, told the committee that the Bill’s strategic focus is to reflect South Africa’s aspirations for inclusivity and equitable basic education by addressing some of the challenges that have hindered the sector for years. The Bill also aims to address the issues arising from various court rulings against the department, which identified various gaps. “This Bill has nothing to do with the curriculum and all the other things other people are inaccurately mentioning,” Dr Mhaule said.
The Bill aims to address the following issues:
- undocumented learners
- the inclusion of sign language
- clarification around corporal punishment
- enhance heads of departments and members of executive councils’ oversight role
- improve governance at schools
- merger of schools
- searching of learners for drugs
- making Grade R compulsory
- aligning home and public schooling
- setting provision that are not provided for in the legislation
Members asked questions about various issues including the merger of non-viable schools and the quality of the curriculum offered by home-schooling parents. MrTshilidzi Munyai (Gauteng, African National Congress) had problems with both these issues. The department replied by saying that parents are required to state which officially recognised curriculum they plan to adopt. The Bill also prevents parents from keeping their children out of school when they have no intention of educating them at home; for example, if they prefer their children to earn money in some way.
Mr Nchabeleng observed that a significant number of children of school-going age begging on street corners are foreign nationals. “Some of these are non-South Africans. How do we involve social development in taking care of some of these children in these situations?” he asked.
Deputy Minister Mhaule replied saying that the Bill does not distinguish between nationalities. “We have lost so many cases on this matter. The Bill speaks about children and will avoid opening a can of worms. All learners in our schools are admitted; no child is disadvantaged.”
Some committee members were concerned about processing the Bill during the school examination period. However they were reassured by the department that processing the Bill has nothing to do with school examinations or other obstacles. The Bill will proceed through the various legislative stages regardless.
Ms Phumelele Ngema, the Parliamentary Legal Advisor, then explained that processing the Bill will be done in terms of the NCOP’s rules. “The committee may enquire into the subject of the Bill in line with the rules. Now that the committee has received a briefing, it may set processing of the Bill in motion through its programme,” she explained.
“There is a self-imposed eight-week cycle that requires that all the processes in the Bill must be undertaken. It will need serious involvement of the provinces where negotiating mandates must be produced,” she continued.
The committee must make its own decisions on how it will deal with public input. “This is the call the committee must make, considering the complexity, the interest and the importance of the Bill,” Ms Ngema said. She also committed to briefing the committee on the relevant legal issues and how the Bill has been processed in the National Assembly.
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