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Bridging the gap or widening South Africa’s education divide?

It has been just over a week since the Basic Education Laws Amendment (BELA) Bill came into force with a ceremonial signing at the Union Buildings on Friday, 13 September 2024. However, the Bill amending the South African Schools Act continues to be the subject of heated debate.

Much of the opposition revolves around changes to language and admissions policies in schools, which opponents say could diminish the influence of school governing bodies (SGBs) and potentially undermine mother-tongue education.

A key example is the DA’s stance, with Minister of Basic Education Siviwe Gwarube notably absent from the signing ceremony in protest. Despite her absence, Gwarube – a DA member of Parliament – has signalled a willingness to reach common ground with the president on the Bill’s implementation.

But before we get into the politics, it’s crucial to understand how we got here.

Ermelo Legacy: Why Language Policies Matter

In 2006, overcrowding in English-medium schools in Ermelo forced the Mpumalanga Department of Education to search for alternatives. The local Afrikaans-only Hoërskool Ermelo was half full and refused to admit English-speaking students, even though the space was available. The school maintained that only the SGB had the authority to set its language policy, which led to a long legal battle regarding the unlawful withdrawal of a school governing body’s authority to set its language policy. 

Hoërskool Ermelo refused to amend its Afrikaans-only policy despite a need for English-medium schooling. The Constitutional Court (ConCourt) found that while the Head of Department has the power to revoke the governing body’s function under section 29(2) of the Constitution and section 22 of the South African Schools Act, it was incorrect to appoint an interim committee under section 25 of the Schools Act. 

Although the head of department’s actions were not lawfully justified, the ConCourt stressed  in its finding the importance of protecting the right to education and to be taught in one’s chosen official language. The school was ordered to review its language policy, and the Head of Department was required to report on steps taken to provide sufficient English-language schooling by 2010

So enters the BELA Bill which aims to prevent such situations by giving the state the power to determine admissions and language policies when needed, ensuring that state resources are used effectively for all learners.

The BELA Bill was conceived to address several systemic issues in South Africa’s education system, many of which are rooted in the ongoing tension between state intervention and school autonomy. One of the Bill’s main goals is to ensure that public schools reflect the diversity of the country and don’t use language policies as a means of exclusion.

For years, many schools have leaned on their SGBs to preserve Afrikaans as a medium of instruction, which critics say has excluded non-Afrikaans speakers. The BELA Bill’s changes to language and admissions policies aim to break down these barriers and make education more accessible, inclusive, and fair. However, this is exactly where opposition arises.

Great Divide: Gwarube vs BELA Bill

Opponents, particularly from the DA and Afrikaans-speaking communities, argue that the Bill threatens mother-tongue education and the role of SGBs in schools; they see this as an erosion of the rights of Afrikaans-speaking communities to educate their children in their language of choice.

This is far from reality and not what was intended when the Bill was created. A deeper understanding of the history behind its inception should clarify this misconception.

Gwarube, however, has raised constitutional concerns, arguing that while the bill’s goals may be noble, its implementation could have unintended consequences

The BELA Bill certainly appears to be a progressive step forward for South African education, but the opposition claims that it could lead to unintended and potentially harmful consequences for school governance and mother-tongue education.

For instance, Mugwena Maluleke of the South African Democratic Teachers’ Union (Sadtu) argues that the bill might weaken SGBs, which are the backbone of many schools, particularly in communities where parental involvement is high.

Balancing Act: Inclusion, Resources and the Future of Education

There’s also concern over resources. As the government moves to make Grade R compulsory, critics argue that the education system may not be equipped to handle the demand. With the Department of Education already facing budget cuts, the prospect of expanding access without additional support raises red flags.

How can we ensure that this new mandate doesn’t worsen the strain on teachers, schools, and learners? The concern is not unwarranted, as widespread retrenchments in the education sector have already been reported by various outlets such as BusinessTech.

Moreover, two key clauses – 4 and 5 – have been deferred for three months to allow for further parliamentary discussions. Simply put, clause 4 gives the department of basic education greater control over admissions policy and Clause 5 compels the school governing body to submit the school’s language policy to the provincial head of department for approval.

These clauses are crucial for transforming the education system into something more inclusive, but they are also precisely why they have become the focal point of resistance from those who fear that the bill threatens Afrikaans-medium schools and their autonomy.

Searching for Common Ground on BELA Bill

In an encouraging sign, Gwarube, once a vocal opponent of the Bill, has softened her stance and now believes that common ground can be found. “The president was aware of my absence. A signing ceremony is just that. It’s ceremonial. What matters is the act that comes from that,” she said in an interview with eNCA.

Gwarube’s focus now is to ensure that Parliament addresses the Bill’s contentious clauses while safeguarding the interests of the diverse communities that make up South Africa’s schooling system.

The president’s decision to delay the implementation of key clauses shows a willingness to listen to opposing views, particularly regarding admissions and language policies. But, as Gwarube suggests, the crux of the issue is not simply about the Bill itself, but about ensuring that it is implemented in a way that balances inclusivity with parental involvement and mother-tongue education.

The Path Forward

While the BELA Bill represents a significant shift in South Africa’s approach to education, the path forward requires dialogue and compromise. It’s clear that education reform is necessary, especially when it comes to dismantling exclusionary practices in public schools. However, it’s equally important to ensure that this reform does not come at the cost of linguistic diversity or parental involvement.

With the next three months set aside for further discussions in Parliament, it’s time for all stakeholders to come to the table, engage in constructive debate, and find a way to implement the BELA Bill in a manner that benefits all South Africans. The future of our children, and by extension, the future of the nation, depends on it.

Final Thoughts

Ultimately, the BELA Bill seeks to address long-standing inequities in the South African education system. But like all major reforms, it’s facing growing pains. What’s crucial now is that all parties – supporters and opponents alike – work together to ensure that the Bill is implemented effectively and fairly. South Africa’s children deserve nothing less.

WHAT ARE YOUR THOUGHTS ON THE BELA BILL? DO YOU THINK IT STRIKES THE RIGHT BALANCE BETWEEN INCLUSIVITY AND PRESERVING LOCAL CONTROL IN SCHOOLS?

Let us know by clicking on the comment tab below or by emailing info@thesouthafrican.com. You can also send a WhatsApp to 060 011 0211. Don’t forget to follow @TheSAnews on X and The South African on Facebook for the latest social media updates.

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