Signed into law by President Cyril Ramaphosa on September 13, 2024, the Basic Education Laws Amendment Act 32 of 2024, commonly known as the BELA Act, is a piece of legislation that signifies a pivotal moment in South Africa’s educational landscape. Aiming to rectify longstanding disparities in the education sector through promoting inclusivity, equity, learner welfare and strengthening governance. The Act introduces several key amendments to existing education laws.
Below are the key Provisions of the Bela Act and what it means for South African Schools:
A. Compulsory Education
To provide that attendance of grade R is compulsory:
- One of the major changes is the inclusion of Grade R (the reception year before Grade 1) as a compulsory part of the education system. This means that children must attend school from the year they turn six, which aligns with the country’s goal of improving early childhood education.
Obligation to ensure school attendance until age 15:
- The BELA Act intends to make schooling in South Africa more accessible by making it mandatory for every child to remain in school until they turn 15 years old or until the completion of Grade 9, whichever may come first. By law, parents/guardians must ensure their children attend school during this period. Non-compliance or interruption, disruption or hindrance of official educational activities for the learner without just cause may lead to penalties, including fines or imprisonment.
B. Language and Inclusivity
To provide that the South African Sign Language (SASL) has the status of an official language:
- The BELA Act intends to ensure that everyone has a fair chance at learning in a language they understand by formally recognizing the South African Sign Language (SASL) as an official language for educational purposes. To promote inclusivity in the education system this Act ensures that children who are deaf or have any difficulties in hearing are given a platform to receive education in their first language.
Language of Instruction and Multi-Lingual Policies:
- Provides that the Head of Department may direct a public school to adopt more than one language of instruction, where practicable. On issuing such a directive, the Head of Department must ensure that adequate resources that may be required are provided for the implementation of the additional language of instruction.
An Inclusive Code of Conduct:
- To ensure an inclusive environment for all learners a public school’s code of conduct must accommodate diverse cultural backgrounds, different religious practices and be considerate of each learner’s medical needs.
C. Disciplinary Measures and Protection of Learners
Age-Appropriate Discipline:
- Provides that the disciplinary actions should be handled in a manner that is suitable for the learner’s age and prioritises their well-being.
Prohibiting Harmful Practices:
- As part of its broader effort to create a safe and supportive learning environment for all students, the BELA Act prohibits acts such as corporal punishment at school, boarding houses accommodating learners and during school activities. It also bans any initiation practices during school activities, with associated offences carrying significant penalties.
Substance Abuse/ Suspension and Expulsion from Public Schools:
- To refine the provisions relating to drug possession, dangerous objects and other harmful activities on school grounds, providing clear penalties for violations/non-compliance that could include suspension or dismissal from their positions.
D. Strengthening School Governance
School Governing Bodies:
- To strengthen the accountability of School Governing Bodies the Act mandates members of the SGBs to declare personal and financial interests they may have in the recruitment or employment of staff at a public school, or in the procurement of goods and services for a public school to avoid conflicts of interest in decision-making. Requiring quarterly financial reporting to be submitted to the Department of Education and granting the Head Of Department authority to investigate cases of financial mismanagement.
Lease Agreement:
- To ensure proper oversight of the use of public resources the Act specifies that lease agreements for school properties exceeding 12 months need to be submitted to the Head of Department. In the case of a lease for a period not exceeding 12 months, the approval of the Head of Department is not required.
E. Admissions and Exemptions
False Information:
- In the application for exemption from payment of school fees the Act provides that in a case where information cannot be acquired from the other parent of the learner, a parent will be required to submit an affidavit or court order in relation to the other parent. Furthermore, to prevent abuse of the system and ensuring that resources are distributed fairly. Parents providing false information during school admissions or fee exemption applications will be subject to legal action.
Language-Based Exclusion:
- The Bela Act empowers the Department of Education to override admission decisions in cases of racial or language-based exclusion, promoting diversity and inclusion in schools.
F. Specialised focus on talent
Specialised Institutions:
- Promotes establishments of specialised institutions primarily focusing on skills such as arts, sports, or technical education. These specialised schools may consist of adjusted admission and operational policies to cater to the unique needs of students with specialised talents or interests.
G. Regulation of Home Education
- Aims to further regulate home education under the Act. Parents who choose or intend to educate their children at home are required to align their instructional programs with the national curriculum and submit periodic progress reports and assessments to demonstrate their child’s attainment of requisite educational standards.
Why is the Basic Education Laws Amendment Act 32 of 2024 Important?
In the South African context, a country striving to free itself from the chains of inequality and injustice the Act aims to transform the South African education system by addressing historical imbalances, improving governance and fostering a culture of inclusivity and academic excellence. The Act strengthens the Department of Education’s oversight over language and admission policies, and extends the mandatory schooling period to guarantee the South African child a chance at receiving solid foundation in education during the early stages of development. It also intends to ensure that education resources are managed effectively whilst promoting a safer and more conducive learning environment for learners.
