Introduction

On the 13th of September 2024, South African president, Cyril Ramaphosa assented to the Basic Education Laws Amendment Act, better known as the BELA Act. This legislation has been met with contention in certain parts of South African society. On 3 November 2024, the contention boiled over into a protest in the streets of South Africa’s administrative capital, Pretoria.  

Changes introduced by the BELA Act  

The BELA Act is the South African government’s latest foray into the reform and/ or improvement of school governance. It makes the following changes to the South African Schools Act No.84 of 1996: South African Sign Language is now an official language of learning in South African public schools; compulsory school attendance now begins in Grade R; a provision which prohibits corporal punishment at school, during school activities and at hostels accommodating learners of a school has been inserted; home education is regulated more elaborately; learners’ school attendance must now be monitored and absences must be acted upon by principals; and a parent who supplies a public school with false or misleading information or forged documents now commits an offence. 

Contentious Provisions 

There are a few other changes to note in the BELA Act. The provisions which have, however, caused the most uproar among political parties and social groups, are those relating to schools’ language and admissions policies. Section 4 of the BELA Act provides that the Head of the Department of Basic Education and not the governing body of a school shall have the final say regarding the admission of a learner. Section 5 provides that school governing bodies will have control over the language policy of schools, subject to the approval of the Head of the Department of Basic Education. The main concern among certain social circles is that the Head of Department having the final say on admission and language policy places the mother-tongue education at risk. Rebuttals to this concern state that departmental control over language and admission policy democratizes access to schools historically inaccessible to South Africans of certain demographics. 

The State of the BELA Act  

Although the BELA Act has now been assented to, President Cyril Ramaphosa has placed sections 4 and 5 on hold. These provisions are currently undergoing a consultation process, which will conclude in December 2024. In a written response to a query by a member of parliament on the implementation of the BELA Act, Minister of Basic Education, Siviwe Gwarube, has confirmed that the department is in the process of implementing the BELA Act. 

Conclusion 

Language use in South African institutions of learning is a historical debate. It is a conversation with which South Africans have had to grapple as the country’s democracy ages and develops. 

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