Parliament, Thursday, 8 June 2023 – The Portfolio Committee on Basic Education will this weekend host the last provincial public hearings on the Basic Education Laws Amendment Bill in the Eastern Cape to gather public inputs on the Bill. Public participation remains a critical foundation of South Africa’s participatory democracy and this process allows individuals and organisations to shape the laws that governs all aspects of our lives.

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. Furthermore, the legislative sector adopted a public participation model that places public consultation at the centre of how it does its business. The committee reiterates that all public hearings are open to all interested individuals and organisations and all contributions, whether oral or written, will be considered when the committee deliberates on the Bill.

“It has been a long process with detailed planning and engaged interactions with the public across the country. While the Eastern Cape is the last province to be consulted, the views shared there are as important and we invite residents of the province to come out in their numbers to share their perspectives and lived experiences on issues around the basic education system,” said Ms Bongiwe Mbinqo-Gigaba, the Chairperson of the committee.

The Basic Education Laws Amendment Bill proposes to amend the South African Schools Act of 1996 and the Employment of Educators Act 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 amending certain definitions, clarifying certain provisions and inserting new provisions that are 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.


The committee has up to now held successful public hearings in Limpopo, Free State, North West, Mpumalanga, KwaZulu-Natal, Gauteng, Western Cape and Northern Cape with varying views on the Bill. Those that supported it welcomed the intention for the Bill to curtail the exclusion of children from certain schools based on the language and admission policies. They view the Bill as necessary in strengthening governance in schools through the proposal for School Governing bodies to declare their financial interests.

But those opposed to the Bill have highlighted that the centralisation of functions in the department heads’ offices will create a cumbersome administrative process that will delay decision making. There was also concern that the Bill’s intention is to take away the power of school governing bodies (SGBs) to make determinations on language and admission policy as the SGB is closer to schools and understands the unique dynamics within the community and the school. There has been majority consensus rejecting the sale of alcohol within school premises.

The committee will conduct public hearings during the week and on weekends to afford stakeholders, organisations and individuals enough opportunity to participate. “In trying to create an environment conducive for a meaningful public participation process, we decided to hold hearings at times and days where all people will get reasonable time and opportunity to participate. We are ready to listen,” Ms Mbinqo-Gigaba emphasised.


District

 Area

 Local Municipality

Venue

Date

Time

O R Tambo (Inland)

Mthatha

King Sabatha Dalindyebo Local Municipality

Mthatha Town Hall, Mthatha

Frid, 9 June 2023

14:00 – 18:00

Chris Hani West

Queenstown

Enoch Mgijima Local Municipality

Thobi Kula Indoor Sports Centre, Queenstown

Sat, 10 June 2023

12:00 – 16:00

Nelson Mandela Bay

New Brighton, Ibhayi

Nelson Mandela Bay Metropolitan Municipality

Nangoza Jebe Hall, New Brighton

Sun, 11 June 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