BELA Bill: Provincial Public Hearings Report – Mpumalanga

Meeting report

BELA Bill: Provincial Public Hearings Report – Mpumalanga

Ms Portia Mbude-Mutshekwane, Committee Content Advisor, presented the draft report on the public hearings on the Basic Education Laws Amendment (BELA) Bill [B2- 2022] in three municipalities within the Mpumalanga province, namely: Bushbuckridge Municipality, Kanyamazane Municipality and Govan Mbeki Local Municipality. The public hearings were held from 17-18 March and concluded on 08 May 2023. 

She reported that approximately 1 690 participants attended the Mpumalanga public hearings from the three municipalities that were visited. Of the total participants, 157 made oral submissions to the Bill, thus constituting 9.2% of the total number of attendees in the province. The number of participants that handed in written submissions during the public hearings is 814. Their input is included in this report, as an appendix. Out of the number of attendees, 48% opted to submit written forms which were distributed in the hall.  

To mobilise the public about the public hearings, mobilisation took place. The communication strategy included video promos, media alerts and radio broadcasts, as liaised by Parliamentary Communication Services.

Proposed Amendments

The Department of Basic Education (DBE), represented by the Chief Director of Education Management and Governance, DBE, Mr James Ndlebe, informed the participants about what BELA Bill seeks to change in the education sector. The objectives are:

- Making Grade R the new compulsory school starting age,

- Criminalising parents who do not ensure their children are in school,

- Holding School Governing Bodies (SGBs) accountable for financial interests,

- Abolishing corporal punishment and initiation/hazing practices,

- Encouraging Home School learners to be registered,

- Allowing schools to sell alcohol outside of school hours,

- Giving government department heads power over language policies and curriculums, and

- Prohibiting educators from conducting business with the state.

Participation

There appears to be a 59% majority of Speakers that supported the Bill in Mpumalanga, while 29% of the Speakers rejected the Bill. About nine percent were partial and three percent did not declare their views.

Generally, the public, parents, young people, education officials, some political organisations, and teacher labour unions voiced their support and concerns about the Bill, asking the Department to relook at some clauses for adjustment. The public supported the Bill, with reservations on certain clauses. The home education sector objected to the Bill and asked for thorough research and consultation.

Recommendations

The following are some of the recommendations emanating from the Public Hearings:

Access to Basic Education:

- There needs to be provision of resources for ECD centres and inclusion of all ECD providers in the Bill.

Compulsory Learner Attendance:

- Punishment of those that cause learner attendance hindrances is supported.

Language:

- All learners have a right to be taught in their mother tongue, and all languages should be taught.

Budget and Finance of Schools:

- Most Speakers called for the proposal to regulate the selling of alcohol on school grounds to be scrapped. The objection is premised on the criticism that the clause is conveying an incorrect message to learners in a nation where alcohol and drug usage are already of alarming proportions.

- Schools’ infrastructure is a priority.

- Online blended learning is not regulated by the government and needs to be included in the Bill.

Governance and Professional Management of Public Schools:

- Corporal punishment needs to be abolished; schools that still use it must stop.

- Special Schools should be treated equally with the dignity and equality the learners deserve in other public schools.

- Special Schools’ curriculum needs support from subject specialists.

- Schools should be provided with social workers to deal with social cohesion issues.

- Issues of violence – the frustration of learners needs to be given attention.

- Appointment or election of SGB members must be reviewed.

- SGB powers must not be stripped. The members need training and capacity-building.

- HODs have to work in collaboration with the SGBs of the schools.

Home Education:

- Homeschoolers recommended that the Bill be scrapped and the sector be included in decision-making. DBE has to conduct more research on Home Education so that there is a more inclusive Bill clause.

- Those supporting the clause on home-schooling said that this sector should be monitored and regulated.

- Clause 37 needs DBE to relook at.

- Parents have the freedom to choose the education of their children.

Educators

- Grade R Educations’ salary is to be paid as full-time employment – the equivalence of mainstream educators.

Independent Schools:

- They must be registered and monitored.

Conclusion

The Chairperson of the Portfolio Committee welcomed the inputs received from the hearing participants and assured those present that their views would be taken into consideration when the Committee deliberates on the Bill in Parliament.

Discussion

The Chairperson thanked Ms Mbude-Mutshekwane for the presentation of the draft report. She noted that the Committee had to revisit and redo the last hearing in the province due to the challenges encountered. She said that the report was detailed, and then she opened the discussion for corrections on the report.

Ms M Sukers (ACDP) referred to the submissions, particularly ACDP’s and other’s submissions addressing the learner pregnancy policy and the unfettered powers that Clause 41 presents. She asked whether it was not clearly outlined in the report’s presentation or whether it was just simplified.

Ms Mbude-Mutshekwane outlined how the clauses were pin-pointed. When the scribes captured the speaker’s comments, it was captured as an expression of what people were saying. One group of scribes looked at what people said and another group of scribes looked at the clauses (clause by clause).

The scribes listened attentively to the oral submissions, to capture what was being said. Ms Mbude-Mutshekwane used the example of clause 41. However, when they summarised what the public had said, the expressions in clause 41 were as she had cited in the presentation.

Ms Sukers said that she understands that the essence of oral submissions is captured. The part highlighted is ACDP’s submission, regarding learners’ pregnancy and the unfettered powers of the Minister.

Her concern was whether it was captured in the report, and she wanted clarity on whether it was because it was not expressed by the speaker (she would check the records on this) or if it was only the essence that was highlighted.

The Chairperson said that she would assume that Ms Sukers was not expecting a report that would capture every speaker and everything they said.

Ms Sukers agreed that this was not her expectation, but the submission’s essence needs to be maintained. She would check the records rather than dialogue on the matter. She would then provide a written response to the Content Advisor on whether the report adequately captured the submission.

The Chairperson advised the Content Advisor to check the records and to reflect what the ACDP said in the hearing. She asked Members to adopt the report.

Mr B Yabo (ANC) moved to adopt the report.

Mr P Moroatshehla (ANC) seconded the motion.

The report was adopted.

Committee Matters

The Committee considered the draft minutes of the previous meetings held on 06 and 07 June 2023. The minutes and report were unanimously approved and adopted.

The Chairperson thanked the Members for their attendance. 

The meeting was adjourned.