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Last month, the FW de Klerk Foundation submitted written comments to the Minister of Basic Education regarding the Basic Education Laws Amendment (BELA) Bill, which proposes to amend the South African Schools Act (SASA), 1996 and the Employment of Educators Act (EEA), 1998.

The Bill aims to align SASA and EEA with developments in the education landscape and to ensure that systems of learning are put in place in a manner which gives effect to the right to basic education enshrined in section 29 of the Constitution.

However, the Bill will empower provincial education department heads to overrule School Governing Bodies' ability to determine admissions and language policies based on "equality" and "equity" - although these terms are not defined.

Further, the Bill discriminates against undocumented learners through the inclusion of a list of "required documents" which sets a higher threshold to access basic education, not in line with current admission policies or SASA. It also imposes criminal sanction for parents who don't submit such documents, yet fails to consider or resolve the practical barriers in obtaining such documents from the Department of Home Affairs.

In the second episode of the FW de Klerk Foundation's new Constitution@Work podcast, Foundation Chairperson Dave Steward and Manager of Constitutional Programmes Tyla Dallas discuss the BELA Bill and the severe impact it will have on language rights and undocumented learners in South Africa. 

Issued by The FW de Klerk Foundation