SAHRC writes to Ramaphosa over BELA talks

In November, the Solidarity Movement and the National Economic, Development and Labour Council revealed that they had reached a consensus about the dispute over clauses 4 and 5 of the Act.

Clause 4 will enable the Basic Education Department to instruct schools to enrol more pupils if there's a surplus in some.

Clause 5 allows provincial departments to amend schools' mother-tongue education policies only if the community around the school does not speak that language.

However, the commission has questioned why it was never consulted about the changes that were agreed upon.

Spokesperson Wisani Baloyi says the Commission  wants more information on this.

"The commissioners further requested that it and other Chapter 9 institutions be included in any consultation process relating to the formulation of the regulatory framework around the Bela Act, especially sections 4 and 5 of the Act.

The implementation of the controversial bill sections has since been put on ice.

In September, Ramaphosa signed the BELA Bill into law.

The Bill aims to strengthen governance within the country's education sector as part of the state’s ongoing efforts to build a more effective and equitable education system.

The bill proposes to give provincial Heads of Departments more control over schools' language and admission policies, removing some decision-making power from School Governing Bodies.

The language policy has been seen as a direct attack on schools that teach in Afrikaans, with critics stating that it undermines the constitutional right to mother-tongue education.

Ramaphosa defended the bill as an affirmation of the vision of an equal society.

"The signing of this bill marks an important step towards resolving long-standing challenges in our education system. It was President Nelson Mandela who said that it is not beyond our power to create a world in which all children have access to a good education.

"This law is part of our ongoing effort to create such a world, a transformed world.

"Since the advent of democracy, we have made notable progress in expanding access to education for children of our country. However, barriers, as we all know, continue to exist in a number of areas with regard to access. In many respects, education outcomes fall short of what our society needs and what the young people of our country deserve.

"Our constitution enshrines the right of all to a basic education. It requires that when advancing this right, consideration should be given to equity, to practicability, as well as to historical redress. As a country, we are a signatory to a global set of treaties that oblige us to advance universal access to education."

ALSO READ