The residents have mixed feelings over Basic Laws Amendment Bill  


By OBAKENG MAJE

The residents of Greater ZF Mgcawu District in Upington have mixed reactions regarding the Basic Laws Amendment Bill (Bela Bill). This was evident during the Portfolio Committee on Basic Education’s visit yesterday.

The committee completed the first of three public hearings in the Northern Cape on Friday, as part of its nationwide public participation process, which is the bedrock of the participatory democratic process.
 
The chairperson of Portfolio Committee, Bongiwe Mbinqo-Gigaba said, those that supported the Bill, highlighted its necessity to deal with many practical challenges faced within the public education system, while those against it painted the apprehension with what they view as unnecessary veto powers conferred to the heads of the provincial departments of education.
 
She further said. those who supported the Bill tinted the current misuse of powers by School Governing Bodies (SGBs). Mbinqo-Gigaba added, they argued that the Bill will eliminate discriminatory tendencies exhibited by some SGBs that included the exclusion of some learners from different racial backgrounds.

“They emphasised that one of the benefits that will be derived from the implementation of the Bill will be the equality of all languages in the country. Those opposed to the Bill argued that, the Bill undermines the principle of cooperative governance in the running of schools, as each level of administration has clearly defined roles and responsibilities.

“They further emphasised that the SGBs are best placed to make decisions on language and admission policies for schools, given their better understanding of the socio-economic and other realities in the communities where the schools are situated,” she said.
 
Mbinqo-Gigaba said, regarding the reporting of financial reports on a quarterly basis, those against the Bill asserted that this was practically impossible and will put undue administrative burden on the SGBs. She said, also, there was an argument that the clause that proposes that members of the SGB must declare financial interests was unconstitutional and would most likely contravene the Protection of Personal Information Act.
 
“Those that supported the Bill were of the view that by imposing quarterly reporting cycles, it will stop the problem of misuse of funds early and ensure that school finances are administered fairly and ethically. Furthermore, they argued that this quarterly reporting cycle will empower communities with information on the financial management in schools and will reduce occurrences of corruption and squandering of scarce resources.  
 
“There were also divergent views regarding clause 41, with those supporting the Bill emphasising that the public education system was increasingly compelled to deal with the challenge of the rising pregnancy at schools and the Bill would provide a framework on how best to deal with this matter. Also, some highlighted that the clause will ensure that a girl child remains in school thereby resolving the high dropout rate of female learners,” said Mbinqo-Gigaba.
 
She said those opposing the Bill raised concerns that the Bela Bill was advocating for comprehensive sexual education, something they viewed as a foreign tendency seeking to impose a form of colonialism in the education system. Mbinqo-Gigaba said clause 37 of the Bill, which proposes the regulation of the home-schooling environment also raised contrasting perspectives from participants. She said for supporters, the home-schooling environment required monitoring to ensure education does occur and to gauge progression within the basic education schooling system.
 
“Those who opposed the Bill asserted that the Bill takes away the responsibility, which home-schooling parents have assumed of ensuring that their children learn despite some challenges they face. Also, there was an argument that the Department of Basic Education (DBE) does not, through this Bill, attempt to resolve many of the challenges the sector faces daily, such as overcrowding in schools, the lack of adequate infrastructure and the unavailability of qualified educators.

“Some asked about the practicability of monitoring the vast system when currently provincial education systems are struggling to monitor public schools under their purview. Some parents argued that despite their many attempts to interact with the Minister, especially on clause 37 their pleas were not considered leaving the committee with a not researched Bill that does not cater for the needs of unique learners,” she said. 

Mbingo-Gigaba said the committee welcomed all inputs made and assured the participants that their perspectives have been heard. The committee will today hold a session in Kuruman to enable the residents of John Taolo Gaetsewe District Municipality to make representations to the committee.

She said the committee emphasises that all interested individuals and organisations are welcomed to make submissions.

District Area Local MunicipalityVenueDateTime
John Taolo Gaetsewe DistrictKurumanGa-Segonyana Local MunicipalityWrenchville Civic Centre, KurumanSat, 3 June 202312:00 – 16:00
Frances Baard DistrictSol PlaatjieSol Plaatjie Local MunicipalityMayibuye Multipurpose Centre, GalesheweSun, 4 June 202312:00 – 16:00

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