Basic Education Laws Amendment (BELA) Bill: FEDSAS briefing

Meeting report

The Chairperson began the meeting by welcoming everyone and explaining the agenda for the day, which included a briefing by the Federation of Governing Bodies of South African Schools (FEDSAS) on the Basic Education Laws Amendment Bill [B2B 2022], Section 76. She clarified that FEDSAS would be presenting a written submission, as per the Committee's request for expert briefings on the Bill.

Regarding meeting procedures, she reminded participants to keep their microphones and videos off while others were speaking to avoid interruptions. She assured them that muting or turning off videos was not personal but necessary for maintaining order during the meeting.

The Chairperson outlined the structure of the meeting, which would involve a presentation followed by a question-and-answer session. Additionally, she mentioned a letter received from National Treasury, which she would table for consideration after the briefing.

Basic Education Laws Amendment (BELA) Bill: FEDSAS briefing

Dr Jaco Deacon, CEO, FEDSAS, thanked the Committee for the opportunity to engage with the province on the aspects of cooperative governance and the separation of powers. He acknowledged the importance of the occasion and highlighted that FEDSAS had extended invitations to all nine provinces, with this being the only province to accept the invitation for the presentation. Despite this, FEDSAS actively participated in every public participation session.

Dr Deacon expressed confidence that FEDSAS would add value to the deliberations and assist the province in its mandate in the National Council of Provinces (NCOP). He indicated that a member from FEDSAS would handle the presentation and introduction, while he would join later for questions and deliberations.

Moreover, Dr Deacon mentioned his intention to address a recent press release by the minister, which contained accusations and highlighted the need for new legislation. He expressed his desire to discuss existing legislation and its adequacy in addressing the concerns raised by the minister and other politicians.

Dr Deacon then handed over to the designated presenter from FEDSAS to begin the presentation, indicating that he would share the screen for the presentation. He reiterated that the designated presenter would lead the initial part of the presentation, with Dr Deacon joining later to address specific points.

FEDSAS Submission on the BELA Bill

Ms Juané van der Merwe, Deputy CEO and Head of Legal, FEDSAS, highlighted FEDSAS's role as a partner in education, emphasising their close partnership for over 30 years and their representation as the national organisation for school governing bodies. Ms van der Merwe underscored FEDSAS's commitment to preserving and promoting quality education for every child in South Africa, emphasising the importance of parental involvement in school governance.

Ms van der Merwe outlined the proposed amendments supported by FEDSAS, including improvements to education administration, the definition of a loan and corporal punishment, and regulations on supplying false information to schools and regulating undocumented learners.

However, she raised concerns about proposed amendments that would not contribute to the objectives of SASA, such as those related to the Head of Department's powers concerning admission policy and language policy, central procurement, and submission of quarterly reports on income and expenditure. Ms van der Merwe also addressed the shortcomings in the proposed amendments, including the definition of a meeting, admissions, national and provincial consultative forums for School Governing Body (SGB) associations, the minister's determination of financial directions, and the prevalence of SASA and national regulations over provincial laws, regulations, and policies.

She emphasised the importance of careful consideration and thorough evaluation of the proposed amendments to ensure they align with the vision of preserving and promoting quality education. Ms van der Merwe provided a detailed analysis of specific areas where FEDSAS supports, does not support, and proposes improvements to the amendments, demonstrating a comprehensive understanding of the potential implications for the education system.

(see attached)

Dr Deacon expressed gratitude for the opportunity to address the concerns raised by the minister in the latest press release, as well as those encountered during previous presentations before the Portfolio Committee. He highlighted the accusations towards African schools regarding language used to exclude learners and emphasised the distinction between discrimination and unfair discrimination within legislation. Dr Deacon pointed out the challenges faced by schools in accommodating learners due to limited capacity and the need for criteria to select students, which, if justified, would constitute fair discrimination.

Regarding accusations of discrimination, Dr Deacon outlined the existing provisions within the Schools Act that empower authorities to address instances of unfair discrimination in the admissions process. He explained the appeal process available to learners and their parents, which allows for immediate action by the Minister of Education or MEC if deemed necessary. Dr Deacon stressed the importance of utilising the clauses already present in the legislation to effectively address perceived cases of discrimination.

On the topic of central procurement, Dr Deacon shared concerns based on firsthand experiences in provinces where it is implemented. He emphasised the need for scrutiny of proposed clauses and urged Members to consider the practical implications and potential drawbacks of central procurement.

Dr Deacon concluded by emphasising FEDSAS's commitment to enhancing the quality of education and addressing concerns raised by stakeholders. He reassured the Committee of FEDSAS's willingness to engage in discussions to improve educational outcomes and thanked them for the opportunity to present their arguments.

The Chairperson confirmed with Dr Deacon that the presentation numbers were based on the page numbers of their written submission.

Dr Deacon affirmed the accuracy of this statement and offered to assist the Chairperson by providing the document with the relevant clause, page number, and section in SASA for reference.

Discussion

The Chairperson expressed gratitude to colleagues and provided feedback on the written submissions received thus far, noting that as of yesterday, the provincial Parliament had received a total of 3 156 submissions, including 1 519 online submissions and 397 WhatsApp submissions. She also mentioned encountering difficulties with WhatsApp submissions and provided information about a media statement issued in response. The Chairperson then proceeded to invite questions or comments on the presentation.

Regarding the argument raised in the presentation, the Chairperson brought up concerns about the estimated cost of approximately R12 billion to implement [the Bill] across the provinces. She expressed uncertainty about how South Africa would fund such a large expense, especially considering the strained fiscal environment and the need to prioritise essential expenditures.

The Chairperson sought clarification on whether the FEDSAS submission addressed the issue of costing and expressed interest in hearing FEDSAS's perspective on this matter.

Responses

Dr Deacon responded to the Chairperson's question by expressing shared concerns about the availability of funding for the proposed amendments. He mentioned raising the matter with the Minister of Education and highlighted the lack of clarity regarding budget allocation for education in the coming years.

Dr Deacon emphasised the need for realistic budgeting and expressed scepticism about the feasibility of implementing the proposed changes without additional funding. He noted that reallocating funds within the education system might lead to cuts in elective subjects for high school learners, which could ultimately compromise the quality of education.

Dr Deacon also questioned the estimated cost of R12 billion, suggesting that the actual figure could be closer to R18 or R24 billion considering various factors such as infrastructure and training requirements. He underscored the importance of adequately budgeting for additional language instruction, pointing out that the financial burden would ultimately fall on the provinces.

The Chairperson expressed gratitude to the FEDSAS team for their participation and contributions to the discussion on the Basic Education Laws Amendment Bill. She commended their proactive engagement in legislative processes and emphasised the importance of public participation in shaping legislation. The Chairperson also acknowledged a query from FEDSAS regarding the possibility of requesting an investigation into what Mr James Ndlebe (DBE) said in another committee. While unsure about the legal feasibility of such a request, she committed to consulting the legal team from WCPP and the Speaker's Office to explore the matter further and determine the appropriate course of action.

Dr Deacon suggested that the Committee could call Mr Ndlebe back to provide further clarification on his proposals regarding language and admission policies. He emphasised that Mr Ndlebe had previously presented to the Committee twice and could share his insights on the matter directly with the Committee. Dr Deacon highlighted that inviting Mr Ndlebe back would alleviate any legal concerns and ensure that the Committee receives the necessary information to make informed decisions.

The Chairperson thanked Dr Deacon's suggestion and welcomed him to stay for further discussions if he wished. She mentioned that she would provide some feedback on the Bill to the Members, along with other Committee business. However, she also acknowledged that Dr Deacon might have other commitments and was free to leave if he needed to attend to other matters.

Dr Deacon thanked the Chairperson for the opportunity and wished the Committee the best in working through the 3 100 contributions. He noted the significance of public participation and acknowledged the hard work ahead for the Committee. Dr Deacon also mentioned his willingness to listen to the feedback on the BELA Bill before possibly leaving.

Adhoc Matters

The Chairperson provided feedback to Members regarding the submissions received and the upcoming public hearings on the BELA Bill. She highlighted the significant number of submissions received, exceeding 5 000, and the attendance at previous public hearings. She also mentioned the upcoming public hearings scheduled for different locations.

Additionally, she discussed a letter received from National Treasury regarding funding for the Bill. The letter stated that the Department of Basic Education (DBE) should provide the financial implications of the Bill, as they introduced the legislation. The Chairperson suggested calling the DBE to provide this information and proposed that National Treasury also be present at the meeting. She sought input and guidance from the Members on this matter.

Mr C Fry (DA) expressed agreement with the Chairperson's suggestion to call the Department of Basic Education (DBE) to explain how they plan to fund the BELA Bill. He recommended using the allocated slot for National Treasury to expedite the process due to the urgency of the matter.

Mr F Christians (ACDP) expressed agreement with the suggestion to have both the Department of Basic Education (DBE) and National Treasury present at the same time to discuss the funding of the BELA Bill. He emphasised the importance of receiving a presentation from both departments and suggested coordinating to ensure clarity and documentation of the discussion.

The Chairperson suggested following the recommendation by National Treasury for the Department of Basic Education (DBE) to conduct a presentation on the funding of the BELA Bill, with National Treasury present to address any questions. This resolution was proposed to streamline the process and ensure clarity. The presentation would be scheduled during the session originally designated for National Treasury.

The Chairperson reminded Members to inform the Procedural Officer of their travel arrangements and to notify if constituents require transport assistance.

The Procedural Officer requested Members to submit their transport requests well in advance to facilitate arrangements, as obtaining quotations on the day of the public hearing can be challenging.

The Chairperson informed Members about the updated media statement, which announced an earlier session in Cape Town on 4 April 2024, providing the public with the option to attend the earlier session if desired.

The meeting was adjourned.