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Bela Bill: Govt claims it wants to tighten school legislation, opposition view it as disempowering parents

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Bela Bill: Govt claims it wants to tighten school legislation, opposition view it as disempowering parents

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1st September 2023

By: News24Wire

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As outstanding submissions on the Basic Education Laws Amendment (Bela) Bill are now to be considered, the government claims it merely wants to "tighten legislation" to prevent school governing bodies having unlimited and unchecked powers.

This week the Department of Basic Education (DBE) expressed its concern over misleading information regarding the intentions of the Bela Bill.

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Following a decision by the National Assembly’s Portfolio Committee on Basic Education to process nearly 10 000 outstanding submissions, the Democratic Alliance (DA) claimed it as a victory after repeated calls to consider outstanding comments.

Department spokesperson Elijah Mhlanga said it was disingenuous for the DA to claim victory for a process that all parties had agreed on.

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"The Bela Bill essentially seeks to strengthen governance in schools by tightening certain sections which have created challenges for the sector. The department's own monitoring outcomes gave rise to the need to amend parts of the various pieces of legislation to improve administration of the sector," he said.

"It is important to note that the Bela Bill is making amendments to certain sections of the South African Schools Act of 1986 to respond to administrative challenges facing our schools and to continue with the transformation agenda of our education system."

James Ndlebe, the department's chief director for provincial monitoring and delivery oversight, said: "It cannot be correct that SGBs are given unlimited and unchecked powers and have a finalise say in a school matter which is a public school. No grouping can have absolute power and account to no one in a democratic and sovereign state."

Ndlebe reiterated that the Bill was not a battle against any particular language grouping.

"It is a countrywide challenge where schools were built along ethnic groups. Now that there is a racial and ethnic mix in all communities, some children are still unable to access schools in their neighbourhoods because they have been designated to serve a particular ethnic group," he said.

But the DA's spokesperson on basic education, Baxolile Nodada, said the department was using the Bill to disempower school governing bodies (SGB) and communities.

"While we agree that no grouping should have absolute power, that especially applies to the department. The statement also fails to reflect the truth that SGBs are held directly accountable by communities themselves," he said.

"DBE’s statement is essentially a confirmation of their intent to target single medium schools and a testament of the ANC government’s failure to build enough quality schools in South Africa to ensure that all learners have the opportunity to receive basic education in their language of choosing."

The African Christian Democratic Party (ACDP), another party vehemently opposed to the Bela Bill, claimed a victory as the committee will consider the outstanding submissions.

Its MP and spokesperson on basic education, Marie Sukers, said the Bill remained highly contentious and brings to reality the real issues faced in the education sector on the ground.

"The ACDP believes that adherence to the principles and constitutional obligations of a democratic Parliament won at the end of the day. The time has come for functional politics and a renewed focus to restore the public trust in processes that upholds our democracy," she said.

The committee resumes its deliberations next week.

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