Parliament, Saturday, 25 February 2023 - The residents of greater Vhembe District Municipality have argued that while they are generally in agreement with the intentions of the Basic Education Laws Amendment Bill, they are apprehensive about certain clauses that according to them are not applicable in a classroom situation. These views were expressed by participants during the first public hearings that were conducted by the Portfolio Committee on Basic Education yesterday at Makwarela Community Hall in Thohoyandou.

The major apprehension that was expressed by some of the participants was on the provisions containing an insertion onthe expanded definition of corporal punishment as per Section 1 (c) of the proposed Bill. The participants felt that the definition is impractical and leads teachers to commit acts of misconduct. Also, there was a strong argument that the Bill does not provide an alternative to corporal punishment and that it must have a clause compelling the Department of Basic Education to provide a framework on alternatives to corporal punishment.

Furthermore, there were strong objections to the provision allowing the sale of liquor on school premises for fundraising purposes. Participants argued that there is no moral justification to allow the sale of liquor at school especially in a country facing a serious challenge of substance abuse. The participants argued that allowing a provision like that will defeat the objectives of this envisaged legislation by promoting the consumption of alcohol by learners at school.

Despite these concerns, however, a strong voice in support of the Bill was reiterated and the participants said that the Bill has a potential to improve areas that include governance, leadership, and accountability at schools. They said the Bill will boost the deteriorating learner performance, scale down the rate of drop-out and eliminate misconduct by learners atschools.

There was also a strong support for clause 2 of the Bill whichamends Section 3 of the South African Schools Act which stipulates that basic education is compulsory from grade R. The participants expressed their optimism and hope that this provision will certainly assist in alleviating most of the inherent problems that stifle the current South African basic education system.

Some participants also raised their concerns regarding aprovision which requires members of the school governing bodyto disclose their financial interests including those of their family members. The concern was that this provision will discourageparents from availing themselves to be part of the School Governing Bodies. This according to participants will negatively impact on governance at schools.

Despite an overwhelming support of the majority for the Bill, there were those who opposed its passing. They highlighted a concern that the department did not gather enough information about the home schooling environment from the relevant people. They argued that an opportunity still exists for the department to do so to ensure the production and the delivery of an impeccable piece of legislation.

Also, there were concerns that were expressed that the Billdoesn’t regulate online learning in spite of the existence of this fast growing area of learning after the outbreak of the Covid-19pandemic. There were also strong views that the Bill will denycommunities of their constitutional right of making decisions regarding their children’s education.

The committee appreciated the inputs it received from the participants and it assured them that their views will be taken into consideration when the committee deliberates on the Bill. The committee will today hold public hearings in Mopani District Municipality at the Lenyenye Community Hall. The committee invites individuals and organisations to attend the hearings to make their contributions on the Bill.


Details of the hearings
Date: Saturday, 25 February 2023
Time: 14:30
Venue: Lenyenye Community Hall


ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON BASIC EDUCATION, MS BONGIWE MBINQO-GIGABA.


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