Parents Could Be Jailed For Children Not Being In School


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Movement has now been seen in the progress of the BELA bill. While many have supported the Bill, it has also caused some concerns for others.


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Schools might soon see some major changes due to the Basic Education Laws Amendment (BELA) Bill. The Portfolio Committee on Basic Education has now adopted the Bill with the Department of Basic Education (DBE) welcoming this move.

Angie Motshekga, Minister for the Department, has said that the BELA Bill is an important milestone in the process which began 10 years ago. In a media briefing, she said:

The aim of the bill is to bring certain technical and substantive adjustments to the South African Act and the Employment of Educators Act because this Bill has to help us clarify certain existing provisions and to insert certain provisions to cover matters which are not provided for in the existing legislation.

What is the BELA Bill?

The Bela Bill was introduced in Parliament on 15 December 2021, and was later referred to the Portfolio Committee on Basic Education for consideration. The Bill seeks to amend the South African Schools Act and the Employment of Educators Act.

Some of the new laws proposed are as follows:

  • Grade R will be the new compulsory school starting age, as opposed to grade 1
  • Parents who do not ensure their child or children are in school, receiving fines or jail time up to 12 months and making it a crime.
  • Parents and learners will need to supply specified documentation when applying for school admission
  • School Governing Bodies will be held more accountable for disclosures of financial interests – including those related to their spouses and family members. The role of SGBs will be smaller and provincial heads of education departments will have the role of making a final decision on a school's language and admissions policy.
  • Prohibit educators from conducting business with the state or being a director of public or private companies conducting business with the state
  • Corporal punishment and initiation/hazing practices will also be abolished
  • Alcohol consumption will be allowed on school premises at after-hour events
  • Homeschooling will also be impacted

Some of the proposed amendments to the Bill are however receiving backlash, including from the Committee. One of the amendments being opposed is that of alcohol being allowed at after-hour events.

"We acknowledge that the education landscape has changed dramatically and therefore there has been a need for us to change our laws, align our laws, and the BELA bill is not a curriculum bill, it's about management and administration of the system," said Motshekga.

Suggested Article:

Basic Education Minister Angie Motshekga

The administration and governance of schools throughout the country could see notable changes depending on the approval of a proposed bill amendment. However, there are still those who are opposed to the Basic Education Laws Amendment Bill.


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