On Friday, 13 September 2024, President Cyril Ramaphosa signed the Basic Education Laws Amendment (BELA) Bill into law, aimed at enhancing governance in South Africa’s education sector.
The signing occurred at a public ceremony at the Union Buildings in Pretoria.
The BELA Bill modifies parts of the South African Schools Act of 1996 (SASA) and the Employment of Educators Act of 1998 (EEA) to reflect changes in the education sector since the original laws were passed. These amendments also respond to court rulings that enforce the Bill of Rights.
Details of the Signing Ceremony:
- Date: Friday, 13 September 2024
- Time: 10:30 (Media to arrive at 09:30)
- Venue: The Union Buildings, Pretoria
What is the BELA Bill?
The contentious law, passed by the former ANC-majority parliament, introduces significant reforms to existing education legislation, including:
- Government regulation of school admissions and language of instruction.
- Regulation of homeschooling.
- Legal consequences for parents who fail to ensure school attendance for their children.
- Grade R (for ages four and five) will be the new mandatory school entry level, a year earlier than before.
- The abolition of corporal punishment, with potential fines or jail time for violators.
The ANC argues that these changes are necessary to transform the education system and tackle ongoing inequalities. Experts stress the need for substantial improvements in South Africa’s education, which ranked last in the 2021 Progress in International Reading Literacy Study, assessing 400,000 students worldwide.
Why has there been opposition?
The most contentious clause concerns government oversight of language and admission policies, a topic tied to racial integration. The ANC claims that language policies have been used to block access for many learners, particularly in schools previously dominated by white communities.
While Afrikaans is not directly mentioned in the law, the ANC argues that some schools still use it to exclude students. The DA has defended the rights of school governing bodies to set language policies, citing constitutional protections for mother-tongue education. The strongest opposition comes from the Afrikaans-speaking community, with civil rights group AfriForum condemning the bill as an attack on Afrikaans education. They argue it endangers the existence of Afrikaans schools and quality education.
The Freedom Front Plus, a coalition partner representing Afrikaner interests, also opposes the BELA Bill, calling it “ill-conceived” and predicting “needless disputes” over established education rights and responsibilities.
Concerns have also been raised regarding homeschooling reforms. Unregulated schools, popular among middle-class families due to the poor state of government schools, are currently allowed to operate through a loophole in existing law. The BELA Bill seeks to close this loophole by regulating these schools like public institutions.
Following the signing, DA leader John Steenhuisen voiced dissatisfaction, indicating the party’s legal team is preparing for a court challenge. Ramaphosa has proposed delaying the implementation of the language policy, a response to DA’s suggested changes. However, after three months, the government could proceed with the law as it stands if no compromise is reached.
Steenhuisen warned that if this delay is a tactic to quell opposition, the DA will continue to fight the bill, including through legal channels. Nonetheless, he noted that disagreements over policy do not necessarily pose an “existential threat” to the coalition government. The next three months will determine if this holds true.
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