Parliament, Sunday, 7 May 2023 – The perennial closure of schools in Gauteng around January period caused by parents who opposed the admission of more learners, especially of different racial groups, was one of the reasons why some participants supported the Basic Education Laws Amendment Bill in Johannesburg.
The participants who supported the Bill suggested that Clause 2 (c), which criminalises any person who unlawfully and intentionally interrupts, disturbs or hinders school activity is guilty of an offence and liable to a fine or imprisonment for a period not exceeding 12 months is an acceptable deterrent against disruption of schooling in Gauteng and across the country.
These views were shared with the Portfolio Committee on Basic Education when it conducted public participation process at the Johannesburg City Hall yesterday. The hearings were the second of three hearings in the Gauteng province. Those that highlighted this view underscored that the Bill is necessary to address the culture of exclusion in South African Schools. Furthermore, they welcomed the proposal for declaration of financial interests by School Governing Body (SGB) members as this will promote a culture of accountability and transparency.
There was a call for the legislation to strengthen the SGBs, which are currently inadequate for the task at hand. According to participants the SGBs are unable to interpret legislation or financial reports and this undermines governance. There was also a strong call for measures to monitor the implementation of the Bill to ensure that the objectives for which it is intended for are achieved. There were participants who welcomed the protection of the interests of undocumented learners which enshrined in the Bill to ensure that they are in class and learn.
Despite some support, the majority of participants rejected the Bill, primarily clause 37 which proposes a process for the registration of home schooled leaners. Participants who have opted for home schooling highlighted that the Department of Basic Education (DBE) didn’t consult those within the environment enough and that little research was done before the Bill was drafted. They also argued that requirements proposed by the Bill, including the arrangement of an independent assessor, was meant to increase the cost of home schooling thereby discouraging parents choosing this option.
There was also a concern that the Bill, by imposing an application process for home schooling, wanted to take away the rights of parents to make decisions for their children. Also, participants highlighted concerns that the Bill does not take into consideration unique needs of individual learners and that it seeks to impose Curriculum Assessment Policy Statement on the people undermining their choice of different curriculums. A majority of participants proposed the complete scrapping of clause 37, and called for consultation with stakeholders within the sector to better understand the needs and then draft a Bill that adequately addresses the demands of the sector.
Meanwhile, there were those that rejected the Bill because of Clause 41, which according to them, allows the Minister a wide space to make regulations regarding the management of learner pregnancy. They argued that these unknown regulations, according to them, will remove the right of parents to make decisions about their children and place those rights in the hands of the state, the state which they do not trust. They called for the DBE to publish the regulations to enable parents to make informed decisions.
The committee will today conclude the Gauteng leg of public hearings by hosting a session at the Tsakane Community Hall. The committee will then proceed to Mpumalanga to hold a hearing that was postponed previously.
Programme of the hearings
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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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