Parliament, Saturday, 6 May 2023 – The residents of greater Tshwane Metropolitan Municipality have argued that the sale of alcohol in school premises, even if it is after school hours is in contradiction to the moral compass that South Africa should be aiming for in teaching school children. These views were shared with the Portfolio Committee on Basic Education during the first of three public hearings in Gauteng held at the Mabopane Indoor Sports Centre.
There was consensus among those who supported and rejected the Bill that South Africa is currently facing a serious challenge of substance abuse which would certainly be exacerbated by the sale of alcohol in schools as it will send an unintended message that promotes the consumption of alcohol.
There was a strong rejection of clause 37 of the bill which proposes a framework for parents and learners that choose home education as a method of education. The rejection was based on the theory that by legislating a requirement to apply and seek permission from the Head of Department, the Bill is denying parents a right to make decisions for their children. There was also an argument that clause 37 (2)(iii) which obligates parents of home schooled learners to arrange for a competent assessor to assess educational attainment as a tool to increase the cost of home schooling which will lead to exclusion of learners from poor households.
Also, there were contrasting views on the declaration of financial interests by School Governing Body (SGB) members. Those in opposition of the Bill highlighted that such a clause infringes on their personal right to privacy especially because SGB members are forbidden from doing business at school. Furthermore, they argued that membership in the SGB is voluntary. Those in support of the Bill highlighted that the clause was necessary to promote good governance at schools.
Some participants called for the department to provide alternative disciplinary measures to empower teachers to deal with unruly children. While they supported the Bill, participants emphasised that there is a lack of discipline in schools which could be worsened by the lack of effective alternative disciplinary measures.
The committee welcomed the submissions made in Tshwane and assured participants that thorough consideration will be done to all oral and written submissions made during the public participation process. The committee also appreciated the attendance and participation it described as impressive by the people of Tshwane to the hearings.
The committee will today hold the second leg of the hearings in Gauteng at the Johannesburg City Hall, from noon. The public participation process is central to participatory democracy and is in line with Chapter 59 (1) of South Africa’s Constitution which compels the National Assembly to facilitate public involvement in the legislative process. Also, the legislative sector adopted a public participation model which placed public consultation at the centre of how it does its business. The committee invites all interested individuals and organisations to come and make a contribution on the Bill.
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.
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.
Programme of the hearings
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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

