Parliament, Saturday, 18 March 2023 – The clause that promises to criminalise the unlawful and intentional interruption or hindrance of any school activity was identified as a point of attraction by residents of Enhlanzeni Region in Mpumalanga to support the Basic Education Laws Amendment Bill (Bela Bill). The residents shared their views on the Bill with the Portfolio Committee on Basic Education during the first of three public hearings on the Bill in the province.
The participants highlighted that the numerous service delivery protests in the area which resulted in the unlawful interruption of school programme was a major concern to them as it inadvertently affects teaching and learning negatively. The proposal to hold the perpetrators liable and be fined or imprisonment for a period not exceeding 12 months, or both a fine and imprisonment was noted as a proper and adequate deterrent to such acts.
There was also a view that clause 35 of the Bill is necessary to maintain the integrity of the basic education system in the country as there is a worrying upsurge in illegal and unregistered schools. The participants appreciated and welcomed the stern and harsher punishment which the Bill proposes to curb the upward trend of unregistered schools.
Furthermore, the emphasis on the banning of corporal punishment at schools as underlined by the broadening of the definition of corporal punishment was welcomed by some participants. They called for closer monitoring of schools as they claimed that some teachers continue to use corporal punishment at schools notwithstanding its prohibition.
Although the Bill enjoyed overwhelming support in Ehlanzeni region, there were calls ,however, for the reconsideration of some of its clauses to ensure its effectiveness. Some participants called for the total scrapping of the clause that proposes the regulation of the possession, or consumption or selling of liquor on school premises especially because of the wrong message it will send to learners in a country where there is a problem of rising substance abuse.
The centralisation of power in the office of the Head of the provincial department of basic education which is also proposed by the Bill was opposed by the participants. They said that the School Governing Bodies (SGBs) remain proper and legitimate governing structures to make a determination on the admission and language policies at their schools.
The participants highlighted that the South African Schools Act envisioned a collaborative approach between the Department of Basic Education and the SGBs in the governance of schools. However, some participants told the committee that, that vision of collaboration is being diminished by the Bela Bill.
The committee appreciated the qualitative inputs made by members of the public and assured the participants that it is going to consider all their views when it deliberates on the Bill when it has obtained the views of all South Africans on the Bill. “We are satisfied by the quality of inputs we have received thus far in all public hearings process. We are also satisfied by the process in general in that the hearings have been inclusive and comprehensive,” said Ms Bongiwe Mbinqo-Gigaba, the Chairperson of the committee.
She added: “This process has been open to every individual and organisations wishing to make their input and we are hoping to maintain this momentum through in all the provinces.” Meanwhile, the committee has resolved to start the public hearing in Ermelo on Sunday at 10:00 instead of the previously communicated time, due to operational challenges it has experienced.
In line with the intention for broader access to the work of the committee and for as extensive consultation as possible, the committee has resolved to hold some of its public hearings on weekends. The committee will today move to Kanyamazane to hold the second public participation process in the province.
Details of Public Hearings (Day 2)
Date: Saturday, 18 March 2023
Venue: Kanyamazane Community Hall
Time: 12:00
Details of Public Hearings (Day 3)
Date: Sunday, 19 March 2023
Venue: SASOL Community Recreational Centre, Ermelo
Time: 10:00
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)
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E-mail: mmolepo@parliament.gov.za
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