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Bela Bill to transform school governance, ‘address school disruptions’

───   KEKELETSO MOSEBETSI 14:56 Mon, 07 Oct 2024

Bela Bill to transform school governance, ‘address school disruptions’ | News Article
Department of Basic Education legal adviser Adv. Zukile Ntshwanti. Photo: Kekeletso Mosebetsi

“One of the key provisions of the Bela Bill is that it will soon be illegal for schools to deny learners access to education due to unpaid school fees.”

The recent amendments to SA’s Basic Education Laws will mandate schools to monitor student attendance more closely to curb increasing school dropouts.

To ensure these and other changes to legislation are properly understood and implemented, the Department of Basic Education is conducting training sessions nationwide.

The signing into law of all but two clauses of the Basic Education Laws Amendment Bill, nicknamed the Bela Bill, by Pres. Cyril Ramaphosa on Friday, 13 September brought significant changes to school governance and tackled issues that have historically led to unrest in South African schools, according to the department.

‘It’s their money, and they should know how it’s being spent.’

In the Free State, officials received Bela Bill training at Fauna Primary School in Bloemfontein on Monday (7/10). The main objective was to ensure education officials implement the legislation correctly and dispel any myths or misconceptions, said Free State Education spokesperson Howard Ndaba.

A central issue addressed by the amendments is the involvement of parents in school financial matters. Departmental legal adviser Adv. Zukile Ntshwanti highlighted the importance of transparency between schools and parents, particularly concerning financial statements.

“Parents should be given 14 days in advance to familiarise themselves with the financial statements of a school before any meeting. This allows them to ask pertinent questions and ensure accountability. It’s their money, and they should know how it’s being spent.”

The amendments will soon prohibit schools from excluding learners due to unpaid school fees. Issues regarding unpaid fees should be addressed between parents and schools, without penalising learners, Ntshwanti said.

He added a school governing body (SGB) may still set policies, but these must align with constitutional provisions. If a school’s policies are not transformative, the provincial head of the department must intervene.

The new law also mandates schools to monitor student attendance more closely to address the growing challenge of school dropouts. If a learner is absent for three consecutive days, the principal must investigate to ensure their return to class.

‘Schools may no longer decide when a pregnant learner should stay home’

Parents who fail to notify schools about their child’s absence will face penalties.

The amendments also seek to better manage learner pregnancies. Since teachers aren’t trained to deal with pregnant learners, Ntshwanti said, proper guidance and support will be provided through regulations.

Schools may no longer decide when a pregnant learner should stay home. Instead, the learner should continue attending classes until a healthcare professional, whom the schools may engage, recommends home-based education.

‘The bill introduces stricter measures to combat school disruptions’

The amendments reinforce the criminalisation of corporal punishment in schools. Ntshwanti warned educators who continue to administer corporal punishment or use harmful practices like name-calling will be prosecuted. Such behaviours can lead to severe psychological consequences for learners, including suicide.

The bill introduces stricter measures to combat school disruptions, especially during community unrest. To ensure that learners can continue their education without fear or interference, protesters who disrupt schools will face arrest.

The departement believes the Bela Bill is a major step towards ensuring South African schools become safe learning spaces. It hopes additional provisions to foster transparency, protect learners’ rights, and improve school governance will end the incidence of unrest causing school closures.

OFM News/Kekeletso Mosebetsi mvh

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