Dr Solomon Chibaya
On September 13, President Cyril Ramaphosa signed the Basic Education Laws Amendment (Bela) Bill into law but put a pause on two clauses: the contentious admissions and language policies.
The bill has replaced the South African Schools Act (1996) (Sasa), which was established post-apartheid to democratise the education system.
The Bela Bill sought to enhance the quality of education and had significant implications for school governance. Part of the improvement required democratic participation and the progress of mother tongue instruction.
This includes how the school governing bodies (SGBs) continue their partnership with the Department of Basic Education. The proposed Bela Bill made provisions for arbitration and mediation to resolve the conflict between the SGBs and the Department of Basic Education. These provisions are believed to help avert litigation as a choice for conflict resolution.
South Africa’s quest to undo the imbalances of the past is envisioned in the new education law; during the apartheid era, the apartheid regime monopolised the governance of schools in a way that ostracised parents.
Though the advent of SGBs sought to increase the participation of parents by legislating their participation through roles specified in the Sasa, echoed in the new law, the policy does not translate into practice. Some SGBs have failed to take up their critical roles in determining school budgets, language policy, discipline and appointment of new staff, among other roles. The new law now emphasises the control of the head of the department over these issues, especially in the contested clauses.
The irony is that the power that once was given to parents to govern is now usurped. The parents in some SGBs have failed to govern, and yet others have done so successfully. The latter feel they are being punished for the failures of the former.
While the SGB’s consultation with the HOD for approval is in line with the arbitration and mediation espoused by the Bela Act, it deviates from the autonomy of the governing body that had seemed to prevail in recent history. A challenge one can foresee in the new law is that the co-operation of parties with unequal powers may throw a spanner in the works of co-operative governance.
The language policy is a contentious issue. On one side, there are those who feel some SGBs have the power to keep some learners out of their schools using the language policy, and on another side are SGBs who feel the quality of education in their schools may be compromised by the quest for equality in language integration.
According to the Bela Bill, compulsory school attendance will start at Grade R. This is a welcome change as it allows early access to education. However, in schools that are already overcrowded, under-resourced and have a shortage of teachers, this change in the admission policy would add more pressure. Even schools that are well-endowed with resources must make changes to accommodate changes to the admission policy, which comes with challenges such as resource management and distribution. Striking a balance may be what is needed.
The state of basic education in over the past 30 years has been marked by significant progress. However, there is still a world of difference in availability of resources between schools serving black communities and the former Model C schools. One would have wanted to see amendments to the legislation that provide a legal framework that eases some of these issues.
Another challenge is that of performance gaps. Internationally, South Africa performs poorly in maths, science and literacy assessments.
The matric pass rate has gradually increased; however, the concern is that they pass with low marks. A possible solution through the Bela Bill is to catch the children early, hence compulsory education from Grade R.
Some of the challenges that schools have faced include violence, crime, and bullying. The definition and procedures in relation to misconduct have been reviewed, but they mainly emphasise the rights of children. Unions will probably be up in arms.
* Dr Chibaya is a lecturer in the Department of Education Management, Policy and Comparative Education at the University of the Free State
Cape Times