Concerns Raised Over South African Education Bill Amendments

Three organizations, SECTION27, Equal Education, and the Legal Resources Centre, have expressed concerns over proposed amendments to the Basic Education Laws Amendment Bill (BELA Bill) in South Africa that would weaken clauses aimed at ensuring equitable school language and admissions policies. The BELA Bill seeks to consolidate developments in education law and address issues such as confusion over decision-making powers between school governing bodies (SGBs) and provincial education Heads of Departments (HODs).

Why this matters: The proposed amendments have significant implications for promoting diversity and addressing overcrowding in South African schools, which can impact the quality of education and social cohesion in the country. Weakening oversight powers could exacerbate existing inequalities and limit access to education for marginalized groups.

Historically, language and admissions policies have been used by well-resourced schools to exclude learners based on race and class and limit class sizes. Provincial Education Departments (PEDs) have tried to increase access to education by directing schools to add more languages of learning and teaching and making final decisions on learner placement. The original version of the BELA Bill aimed to clarify the balance of powers, giving HODs final authority to admit learners while requiring consultation with SGBs.

However, amendments proposed by the National Council of Provinces (NCOP) would water down proactive oversight powers of HODs. The amendments remove the requirement for SGBs to routinely submit admissions and language policies for review and approval. They also remove the HOD's power to direct SGBs to change their policies based on factors such as promoting diversity, addressing overcrowding, and ensuring access to education for all learners.

In a joint statement, the concerned organizations said, "We are concerned that these regressive changes have come in response to conservative pressure and we urgently call for them to be reversed." They called on Parliament to protect the best interests of learners and reinstate the original clauses in the BELA Bill by May 3, 2024.

The Democratic Alliance (DA) also remains strongly opposed to the BELA Bill, which has exited the Select Committee on Education and Technology, Sports, Arts, and Culture. Despite eight of the nine provinces supporting the Bill, with the Western Cape being the only province to reject it, the DA's position is unchanged. They argue the Bill centralizes authority with provincial education departments, diminishing the role of SGBs and local communities. The DA also raises concerns about the fiscal impact, restrictions on home-schooling, and lack of comprehensive public participation.

The BELA Bill will now be reviewed by the Basic Education NA Committee and sent to the National Assembly for a vote. If ratified, it will go to the President for assent. If rejected, it will be directed to a mediation committee. The DA plans to request the President to refer the Bill back to Parliament for reconsideration or to the Constitutional Court if their concerns are not addressed.

Delmaine Christians, DA NCOP Spokesperson on Education, stated, "We will persist in our efforts to ensure that legislation serves the best interests of our nation's students and education system." As the BELA Bill continues to progress through the legislative process, the debate over balancing equitable access to education with the autonomy of school governing bodies remains at the forefront in South Africa.

Key Takeaways

• Proposed amendments to South Africa's BELA Bill may weaken clauses ensuring equitable school language and admissions policies.
• Changes could exacerbate existing inequalities and limit access to education for marginalized groups.
• Original BELA Bill aimed to clarify balance of powers between school governing bodies and provincial education Heads of Departments.
• Amendments proposed by National Council of Provinces would remove oversight powers of Heads of Departments.
• Concerned organizations and Democratic Alliance oppose the amendments, citing concerns over access to education and autonomy of school governing bodies.