Legislation: Basic Education Bill a work in progress

Proposals in a draft Basic Education Laws Amendment Bill released in October 2017 for public comment are still being consulted with ‘school governing body associations’, teacher unions and ‘other stakeholders’. According to yesterday’s media statement on this process, Basic Education Minister Angie Motshekga considers the draft Bill ‘a necessary tool’ in ongoing efforts to address ‘some of the challenges at schools’, reports Pam Saxby for Legalbrief Policy Watch. Certain stakeholders are nevertheless concerned that it may become ‘a stumbling block’ that could ‘strangle the system’. It is not clear why. However, Federation of Governing Bodies of South African Schools CEO Paul Colditz is quoted as having reaffirmed his organisation’s commitment to supporting Department of Basic Education interventions aimed ‘ensuring that schools run smoothly’ – among other things by addressing the ‘mistakes’ made by some governing bodies.

In this regard, the draft Bill’s 2017 version sought to limit the powers of a governing body in recommending candidates to fill certain vacant educator posts – making level 2 to 4 appointments ‘the sole responsibility of the head of department’. At the time, this was proposed in the context of governing body members in schools serving some rural and disadvantaged communities not necessarily being as educated as the applicants they were required to interview and shortlist.

Once in force, the draft Bill will also give practical effect to court rulings on two key policy issues: learner admission (the ‘Rivonia Primary School judgment’); and language (the ‘Ermelo judgment’). Although the statement provides no insight into how many of the original proposals may since have been revised, the 2017 version sought to curb the deliberate interruption or disruption of school activities with the aim of making ‘a political or other point’; introduce stiffer penalties for preventing a learner ‘subject to compulsory schooling’ from attending classes; ensure that a school’s code of conduct takes account of cultural and religious diversity; and allow for the exemption of learners from certain of that code’s requirements ‘on just cause shown’. Yesterday’s statement also alluded to provisions in the proposed new piece of legislation affecting home schooling and related obligations, including learner registration.