Parliament, Wednesday, 3 May 2023 – The Portfolio Committee on Basic Education has, after a period of review and reflection, resolved to resume the public hearings on the Basic Education Laws Amendment Bill in the remaining provinces. The committee had taken the difficult decision to pause the hearings in Gauteng and KwaZulu-Natal to address some internal operational challenges that had the potential to compromise the integrity of this critical process. The committee will this weekend hold hearings in Gauteng and on Monday conclude the postponed hearing in Mpumalanga.
“We took the unprecedented decision because we are cognisant of the importance of public consultation in law-making and we wanted to secure the integrity of this process. In addition, there has been incredible interest in the amendments primarily because stakeholders and individuals are interested in ensuring a functional educational system for the children of this country, thus all systems had to be in place to cater for this interest. We are now satisfied that all the operational risks have been addressed by Parliament’s internal units, which will ensure a seamless process of public consultation,” said Ms Bongiwe Mbinqo-Gigaba, the Chairperson of the committee.
The committee reiterates that the public hearings undertaken in Limpopo, Free State, North West and in Mpumalanga were well organised and Parliament had created an enabling environment for the hearings to be held. In all those hearings, individuals and organisations were given adequate opportunity to make oral and written representations to the committee. In addition, the committee late last year held extensive oral hearings for organisations where submissions were made. Furthermore, the committee received extensive written hearings on the Bill.
“It was only in Gert Sibande District in Mpumalanga when we were scheduled to hold the last hearings where we realised the inherent risk caused by miscommunication of the venue that we resolved to postpone the last hearing there. As per the promise made then, the committee will also hold another hearing in Mpumalanga,” Ms Mbinqo-Gigaba emphasised. Following the request by member of the committee, Ms Elizabeth Sukers, the committee resolved that it was be best to postpone the Gauteng and KwaZulu-Natal legs of the public hearings to safeguard the integrity of the hearings.
The committee will conduct public hearings during the week and on weekends to afford stakeholders, organisations and individuals enough opportunity to participate. “In ensuring wide-ranging participation, we decided to hold hearings at times and days where all people get an opportunity to participate. Also, all the units that provide support to the hearings at Parliament have assured the committee that all processes are in place to support the hearings in the remaining five provinces,” Ms Mbinqo-Gigaba emphasised.
The hearings are in line with Chapter 59 (1) of South Africa’s Constitution, which compels the National Assembly to facilitate public involvement in the legislative process. In addition, the legislative sector adopted a public participation model that places public consultation at the centre of how it does its business.
The Bill proposes to amend the South African Schools Act (SASA) of 1996 and the Employment of Educators Act (EEA) of 1998, so as to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner that gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996. This is done through the amendment of certain definitions, clarifying certain provisions and inserts new provisions that absent in the existing legislation.
Some of the key amendments that the Bill aims to make include:
- Making grade R the new compulsory school starting age, as opposed to grade 1, as is currently the case.
- Compelling the registration of home-schooled learners.
- Criminalising parents who do not ensure their child or children are in school, with fines or jail time up to 12 months.
- Holding school governing bodies more accountable for disclosures of financial interests – including those related to their spouses and family members.
- Prohibiting educators from conducting business with the state or being a director of public or private companies conducting business with the state.
- Abolishing corporal punishment and initiation/hazing practices.
- Allowing schools to sell alcohol outside of school hours.
- Giving government department heads power over language policies and the curriculums a school must adopt.
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Gauteng |
Tshwane South |
Mabopane Indoor Sports Centre (8551 Mangope Road, Mabopane |
Friday, 5 May 2023 |
14:00 – 18:00 |
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Gauteng |
Johannesburg Central |
Johannesburg City Hall (Helen Joseph Street, Johannesburg |
Sat, 6 May 2023 |
12:00 – 16:00 |
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Gauteng |
Gauteng East |
Tsakane Community Hall (10890 Zulu Street, Tsakane, Brakpan) |
Sun, 7 May 2023 |
12:00 – 16:00 |
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Mpumalanga |
Secunda |
Sasol Community Recreation Centre, 2287 Ingwe Drive, eMbalenhle |
Mon, 8 May 2023 |
12:00 – 16:00 |
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON BASIC EDUCATION, MS BONGIWE MBINQO-GIGABA
For media enquiries or interviews with the Chairperson, please contact the committee’s Media Officer:
Name: Malatswa Molepo (Mr)
Parliamentary Communication Services
Tel: 021 403 8438
Cell: 081 512 7920
E-mail: mmolepo@parliament.gov.za
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