The BELA Bill: Understanding the Proposed Changes in South African Education and Injini Think Tank's Recommendations

What is the BELA Bill?

The BELA Bill aims to amend the South African Schools Act and the Employment of Educators Act to align them with the evolving landscape of basic education. Its primary objectives include:

1. Making Grade R compulsory as the new school-starting age

2. Addressing long-standing challenges in infrastructure, administration, and misconduct of learners and teachers

3. Updating language policies in schools

4. Regulating homeschooling

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Key amendments and considerations in the Bill, as it currently stands, include:

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1. Compulsory Grade R

The Bill proposes making Grade R mandatory and penalising parents who fail to enrol their children. While this aligns with national and international human rights standards, concerns have been raised about the readiness of Early Childhood Development (ECD) centres, especially in low-income communities.

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2. Language Policy

School Governing Bodies (SGBs) will have the power to decide on language policies, subject to approval by the department head. This change aims to promote multilingualism in schools.

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3. Learner Pregnancy

Contrary to some misconceptions, the Bill does not empower teachers or school officials to participate in abortion decisions. It simply addresses the regulation of learner pregnancy.

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4. Homeschooling

Parents choosing to homeschool must apply for registration with the head of the department. They maintain the right to determine curriculum content as long as it's deemed acceptable.

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Injini Think Tank Recommendations

The proposed amendments to Section 1 of Act 84 of 1996 in South Africa acknowledge that making Grade R compulsory ensures early access to education in line with national and international human rights standards and laws. However, despite these proposed amendments, there are no specific provisions for regulating Early Childhood Development (ECD) centres and schools to ensure complete registration and compliance with the new regulation, especially in low-income communities. As a result, our research suggests the need for an expanded definition to include these provisions alongside a strategic plan to ensure accountability by the Batho Pele Principles.

Moving on to the proposed amendments in Section 3 of Act 84 of 1996, concerns have been raised about the potential efficacy of criminalising parents and caregivers, especially considering the socioeconomic issues faced by South Africans. Factors such as teenage pregnancy, period poverty, child-headed homes, lack of school attire, and other barriers contribute to preventing children from attending school regularly. Notably, the Human Rights Commission has highlighted that a significant percentage of children live in low-income households and are impacted by poverty, food insecurity, inadequate access to essential services, and violence. Hence, it is vital for the proposed Bill to explicitly address these factors in Section 4 on monitoring learner attendance.

Another pertinent issue pertains to the proposed amendment for Section 6 of Act 84 of 1996, which supports including more than one language of instruction in South African schools. While this move may help alleviate educational challenges posed by language barriers, there are concerns about the decision-making power of School Governing Bodies (SGBs) and a need for specific considerations for cultural dynamics within the SGBs. Additionally, practical implementation steps such as resource allocation and consultation with linguists are necessary, given existing language ideologies in the education system, particularly in teaching and learning minority languages.

Furthermore, the proposed amendments to Section 51 relating to the registration of homeschooling learners are considered crucial for enabling quality education for all learners. It is recommended that more stakeholders in education, including private institutions such as EdTech providers, be included in the assessment process to ensure compliance with the curriculum.

In light of the disruptions caused by the COVID-19 pandemic, the proposed Bill must demonstrate a commitment to enabling an environment that facilitates the integration of blended and online learning.

While the BELA Bill addresses critical aspects of education reform in South Africa, it requires further refinement to ensure comprehensive coverage and effective implementation. As stakeholders continue to provide input, we hope that the final version of the Bill will create a more inclusive, efficient, and high-quality education system for all.

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