The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The DA in KwaZulu-Natal (KZN) notes that the Basic Education Laws Amendment (BELA) Bill - which seeks to make widespread changes within schools in the province - has now reached the public consultation process.

The proposed Bill suggests major changes in terms of the compulsory education starting age, the financial administration of schools and government having the final say over schools’ language policies.

The position of the DA in KZN mirrors that of our national counterparts, with the centralisation of power by government our primary concern. Communities know the needs of their schools better than politicians. The BELA Bill undermines this in terms of the following;

• Language Policies: The removal of School Governing Bodies (SGB’s) powers to make decisions about language policies. This will be used to target mother tongue education, particularly in single medium schools, as a scape goat for the ANC governments consistent failure to provide quality education. The BELA Bill gives the DBE the opportunity to centralise and abuse its powers and to discriminate against learners and undermine the right to mother tongue education

• Admissions policies: SGB’s would have to appeal to heads of education departments against unfair or damaging policies imposed upon schools by those same heads of department. The DBE is being a player and referee. Registration documents are also excessive. The High Court found that schools could not exclude children that did not have all the documentation required. The BELA Bill undermines this right

• Curbing SGB powers: With the BELA Bill, the Minister can decide how many SGB members a special needs school may have and how they are chosen. The Head of a Department can use the BELA Bill to dissolve a SGB and the school will have only two weeks to appeal and;

• Home Schooling: The DBE did not gather enough information from the home schooling sector before writing these regulations. BELA Bill regulations will not ensure quality education through home schooling and ignores the unique challenges within this sector.

Further exclusions within the proposed Bill include the failure to legislate online and blended learning. Since the Covid-19 lockdown, this type of learning has become popular and should have been included. The Bill also does not provide enough protection for learners in the event of disciplinary hearings, where they are often the victims of adult sexual abuse.

It also ignores the real issues within our schools and does not include regulations aimed at solving the high drop-out rate, lack of critical resources, safe and proper infrastructure, and poor-quality educator crisis.

This Bill faced a major backlash during stakeholder consultations last year, with many of the proposed changes in law, particularly those around full government control, wholly rejected.

The DA believes that this Bill needs to go back to the drawing board before it can be considered. The implications of rushing this process will be felt for years to come if it does not serve the best interests of our schools, parents and learners.

Issued by Dr Imran Keeka, MPL - DA KZN Spokesperson on Education