The Portfolio Committee on Basic Education Chairperson, Ms Joy Maimela, today welcomed the signing into law of the Basic Education Laws Amendment (BELA) Bill.

The BELA Bill was assented into law today by President Cyril Ramaphosa. However, the President put on hold clauses 4 and 5 of the Bill for three months in order to find solutions to those clauses. Should no solutions be found, the Bill will be implemented fully.

Ms Maimela said the legislation has been more than 11 years in the making and is in line with continuing the transformation agenda of the education sector.

Among other things, the Bill makes Grade R the new compulsory school-starting age; provides for penalties for parents who do not ensure that their children are in school; and confirms that corporal punishment is no longer allowed at schools, with penalties for those found guilty of such offences.

The Bill amplifies the corporal punishment definition and brings in the Criminal Procedure Act (CPA) definition because it is constantly used now in the Act and the Bill. The Act further expanded the powers of the courts in dealing with sentencing and penalties by adding that the courts’ discretion is best placed to decide such matters in accordance with the CPA, with regards to parents or guardians who disregard the requirement to ensure children are in school.

In terms of language policy, the amendment states that the governing body must submit the language policy of a public school and any amendment thereof to the head of department for approval. The language policy must also take into consideration the language needs of the broader community. “The committee notes that this relates to one of the clauses that the President put on hold for three months. We look forward to the engagement on this but continue to call for the full implementation of the Bill,” the Chairperson said.

In terms of the Bill, home education is allowed but must be regulated in terms of site visits that can happen at any place of choice, should the parents not agree to such visits at their homes. Furthermore, a report at the end of each phase will now be required by a qualified educator or assessor to prove the competency of the learner in that phase.

“The committee commends the President for signing into law this very progressive piece of legislation that will see the landscape of schooling in South Africa changing for the better. This is indeed what South Africa needs at this stage,” Ms Maimela said.