Free State Department of Education
By Thabo Mosia
Howard Ndaba, spokesperson for the Free State Department of Education, has confirmed that Free State Education MEC, Dr Mamiki Maboya, has welcomed President Cyril Ramaphosa’s proclamation on 20 December 2024, marking the full implementation of the Basic Education Laws Amendment (BELA) Act.
“This is a significant milestone in the advancement of quality education in South Africa,” MEC Maboya remarked. “The BELA Act is a critical piece of legislation that seeks to strengthen the foundational aspects of our education system, and its implementation will have far-reaching benefits for learners, educators, and the broader education sector.”
Key Provisions of the BELA Act
The BELA Act introduces several amendments aimed at enhancing the quality and accessibility of education:
• Compulsory Grade R: The Act mandates that Grade R becomes the compulsory starting point for schooling, ensuring early childhood development is prioritised.
• Language Policy and Admissions: Sections 4 and 5 of the Act grant provincial education departments greater authority over school language policies and admissions, aiming to promote inclusivity and prevent discrimination.
• Prohibition of Corporal Punishment and Initiation Practices: The Act explicitly bans corporal punishment and initiation practices in schools, fostering a safer learning environment.
• Enhanced Role of School Governing Bodies (SGBs): The Act outlines clearer guidelines for the functions and responsibilities of SGBs, promoting transparency and accountability in school governance.
Implementation Strategy in the Free State
MEC Maboya has outlined a comprehensive strategy to ensure the effective rollout of the BELA Act in the Free State:
• Stakeholder Engagement: During her first 100 days in office, MEC Maboya prioritised educating stakeholders about the BELA Act. The Department of Basic Education conducted workshops with various stakeholders to facilitate a smooth implementation process.
• Training for School Governing Bodies (SGBs): The Free State Department of Education plans to conduct in-depth training sessions for SGBs on the provisions of the BELA Act, scheduled to commence in February 2025.
• Collaboration with the Department of Basic Education: The provincial department will work closely with the national Department of Basic Education and all relevant stakeholders to ensure the Act’s provisions are fully realised.
National Perspective and Political Reactions
President Ramaphosa’s signing of the BELA Act follows a three-month consultation period concerning sections 4 and 5, which address school admission and language policies. This period allowed for deliberations among various political parties and stakeholders to reach a consensus on the Act’s implementation.
The Democratic Alliance (DA), initially opposing the Act, has expressed satisfaction with the implementation process, particularly the development of rational regulations, norms, and standards governing the Act. DA leader John Steenhuisen stated, “The outcome of the negotiations in the Clearing House Mechanism’s task team is a win-win compromise that enables the BELA Act to be implemented without undermining existing constitutional rights to mother tongue education.”
Basic Education Minister Siviwe Gwarube, tasked with developing these regulations, has been instrumental in ensuring that the Act’s implementation aligns with constitutional principles. Her efforts have been acknowledged across the political spectrum, with confidence in her ability to introduce fit-for-purpose guidelines that protect school autonomy.
The National Economic Development and Labour Council (NEDLAC) has also played a role in facilitating discussions around the BELA Act, ensuring that the interests of various stakeholders, including labour unions and civil society organisations, are considered in the implementation process.
The African National Congress (ANC) has consistently supported the BELA Act, viewing it as a means to promote inclusivity and prevent discrimination in schools. The ANC argues that the Act will help prevent racial discrimination in schools by ensuring that language policies do not serve as a proxy for exclusion.
The Economic Freedom Fighters (EFF) have also expressed support for the BELA Act, emphasising the importance of equitable access to education for all South African children. The EFF views the Act as a step towards dismantling systemic barriers within the education system.
The Economic Freedom Fighters (EFF) have also weighed in on the BELA Act. EFF leader Julius Malema emphasized the need for the Act’s full implementation, stating that they would not be threatened by organizations opposing it.
The South African Communist Party (SACP) has welcomed the Act, highlighting its potential to transform the educational landscape and address historical inequalities. The SACP believes that the BELA Act will contribute to building a more just and equitable society.
The South African Democratic Teachers Union (SADTU) has expressed its intention to challenge certain aspects of the BELA Act in court, particularly those related to the increased authority of provincial departments over school admissions and language policies. SADTU argues that these provisions may undermine the autonomy of schools and SGBs.
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