Cabinet Welcomes Signing of BELA Bill into Law by President Ramaphosa

13 September 2024 marked a significant milestone in South Africa’s education system as President Cyril Ramaphosa signed the Basic Education Laws Amendment (BELA) Bill into law.

The new legislation, signed during a ceremony at the Union Buildings in Tshwane, introduces major reforms to the 1996 South African Schools Act and the 1998 Employment of Educators Act. The amendments are aimed at modernizing the country’s education framework in response to court rulings that protect the Bill of Rights and address challenges faced in the education sector.

The BELA Act is a direct effort to create a more inclusive and equitable education system. While the government has made notable progress in expanding access to education since the dawn of democracy, some barriers remain. The new law aims to eliminate these, particularly in areas such as language policy and early childhood education.

Key Provisions of the BELA Act

One of the Act’s standout features is the new compulsory starting age for school—Grade R. The Act now requires that all children begin their formal education in Grade R, holding parents legally accountable for ensuring their children attend school. This move is seen as a way to strengthen early childhood education and address inequalities in educational access.

Minister in the Presidency, Khumbudzo Ntshavheni, hailed the law for advancing diversity and inclusion in schools. A major aspect of the legislation requires school governing bodies (SGBs) to consider the linguistic needs of the wider community when formulating language policies. This change is particularly significant for suburban schools where Afrikaans has traditionally been the primary medium of instruction, but the broader community predominantly speaks English.

“This will go a long way in making education more inclusive, especially in areas where the community’s linguistic needs are not being met,” Ntshavheni said.

The BELA Act also introduces stronger measures to ensure uniformity in school admissions policies, prioritizing vulnerable learners, including the children of undocumented migrants. Additionally, the law emphasizes respect for religious and cultural beliefs in the development of school codes of conduct, fostering a more tolerant and inclusive environment.

Ban on Corporal Punishment and Increased Accountability

The legislation reinforces the ban on corporal punishment in schools, introducing stricter penalties for those who violate the law. It also strengthens financial and public accountability frameworks for SGBs, ensuring greater oversight of their activities.

Deliberations on Clauses 4 and 5

In response to concerns raised by various stakeholders, President Ramaphosa has delayed the implementation of two clauses concerning school admissions and language policies for three months. The move is intended to allow further discussions and ensure national cohesion.

“These clauses have sparked debate, particularly around the control SGBs have over admissions and language policies. We want to allow time for engagement on these issues before proceeding,” the President explained.

Education expert Mary Metcalf expressed confidence that meaningful discussions will unfold during this period. She emphasized that the BELA Act does not change any existing constitutional provisions, particularly the right to mother tongue education, which remains protected.

“This delay allows for careful planning and engagement, especially around the practicalities of implementing compulsory Grade R and managing language policy in schools,” Metcalf noted.

The BELA Act is set to significantly reform South Africa’s education landscape, ensuring greater inclusivity, fairness, and accountability across the system.