Understanding the Bela Bill – Why the controversy?

Written by: Lisa Polson
Article source: JOY! Magazine

The Basic Education Laws Amendment (BELA) bill has become a lightning rod for debate across South Africa. While touted as a measure to improve and modernise the country’s education system, it has raised serious concerns about its impact on parental rights, school governance, and community involvement.

BELA in a nutshell
The BELA bill, drafted as early as 2013, replaces the Schools Act of 1996 and is aimed at reforming South Africa’s education system. It introduces significant changes to how schools operate, including amendments to governance, language policies, and homeschooling regulations. At its core, the BELA bill seeks to centralise decision-making within the Department of Basic Education, reducing the autonomy of school governing bodies in matters like admissions and language policies. For many, this raises concerns about the potential loss of community and parental influence in shaping their children’s education.

The BELA Act introduces several major changes to the education system:
• Compulsory grade R: All children must attend grade R by the time they turn five.
• School governance: School governing bodies (SGBs) must submit language and admissions policies for approval by provincial heads of department (HoDs), reducing SGB autonomy.
• Home education: Homeschoolers must follow the national curriculum and undergo regular assessments by external monitors. Students enrolled in online schools may now register as homeschoolers.
• Code of conduct: A standardised code of conduct for learners has been introduced.
• Corporal punishment and initiations: These practices are explicitly abolished.

What’s causing the outcry?
While the BELA bill aims to address governance challenges and align education policies with constitutional values, it has sparked concern among many communities. Critics argue that the centralisation of decision-making – particularly over language and admissions policies – threatens the survival of single-medium schools, including Afrikaans institutions. The stricter regulation of homeschooling has also alarmed parents who fear the erosion of their educational and religious freedoms. Many have opposed the BELA bill due to its perceived threats to community-based decision-making, linguistic diversity, and educational freedom.

Current state of the BELA bill
As of 13 September 2024, the Basic Education Laws Amendment (BELA) bill has officially become law in South Africa. Despite its enactment, the implementation of certain provisions has been met with caution. President Ramaphosa announced a three-month delay for the enforcement of clauses 4 and 5, which pertain to school admission and language policies, reflecting the diverse opinions surrounding these specific aspects of the law. As of 13 December 2024, the consultation period concluded and the bill has now been fully implemented.The debate over the BELA bill continues, with various stakeholders like AfriForum and Solidarity having initiated legal proceedings against the bill, alleging that President Ramaphosa acted irrationally in its implementation.

Proponents versus critics
Proponents argue that the BELA bill will address inconsistencies and inequalities in the education system, particularly in under-resourced schools. Critics, on the other hand, view it as an overreach that prioritises government control over community and parental influence in shaping our children’s education.

FOR SA
RELIGIOUS FREEDOM

Given the work of Freedom of Religion South Africa (FOR SA) in advocating for religious freedom, we reached out to them for their insights on the potential impact of the bill from a religious freedom perspective.

“According to FOR SA, the BELA bill does not directly threaten freedom of religion. The protection of religious freedom in the Constitution and the South African Schools Act remain unchanged, guaranteeing freedom of conscience and religion at public schools, subject to certain reasonable safeguards.

However, BELA may indirectly impact religious education to the extent that it may curtail the powers and prerogatives of school governing bodies (SGBs) and parents’ ability to home-school. SGBs set the culture and context of public schools and represent parental authority in the public school system. For example, the SGB must determine the school’s policy on religion.

Parental involvement is the most important and effective way for parents to ensure that their right to raise their children – according to their faith and moral values – is not undermined at school. This includes serving on the SGB and being aware of what children are taught through class content and guest speakers.

BELA also raises concerns about learner pregnancy since it empowers the Minister to regulate its management. However, being able to make regulations does not necessarily undermine parental rights in education. This depends on the actual content of the regulations (for example, whether they uphold parental rights by requiring knowledge and consent) and whether they were adopted following a meaningful public consultation process (which includes obtaining and ascribing sufficient weight to parents’ views).”

What are your thoughts on the BELA bill? Email info@joymag.co.za

This article is featured in the Feb/March issue of JOY! Magazine, which is now on sale nationwide! Pick up your copy from any leading supermarket, or read a digital version of this issue here: joygifts.co.za/product/joy-magazine-feb-march-issue-2025/

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Date published: 19/02/2025
Feature image: Image for illustrative purposes only. Artwork from www.freepik.com

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