The Nelson Mandela Children’s Fund (NMCF) has hailed the signing of the Basic Education Laws Amendment (Bela) Bill into law, saying it go a long way in assisting the Department of Basic Education (DBE) to implement the South African Schools Act.
NMCF chief programmes officer Karl Muller said: “We have laws such as the Children’s Act Amendment Act 28 of 2019, emphasising restoration rather than punishment for children who cause harm. This aligns with the Child Justice Amendment Act 28 of 2019, highlighting restorative justice and the distinction of moral standards for offenders. Critical here is assessing a child’s criminal capacity – a principle that affects how young perpetrators are treated in the legal sphere.
“We would like to see Bela’s objectives being interwoven with the principles underlying these existing laws. By recognising and reinforcing the interconnectedness of these laws, we can create a comprehensive framework that supports safe schools and the well-being of our children. This holistic approach not only emphasises accountability but also promotes rehabilitation, education, and prevention as essential elements in addressing the complex issue of bullying.”
The organisation said in recent years, it had been “increasingly frustrated by the persistent issue of Grade 4 students struggling with reading comprehension”.
The new legislation also aims to align the roles of school governing bodies and provincial education departments to ensure equal educational standards and uphold the constitutional right to basic education.
It will strengthen the ban on corporal punishment with harsher penalties and introduces financial and public accountability frameworks for school governing bodies. The bill also revises school admissions policies to better support vulnerable learners, like children of undocumented migrants, and increases regulation of home-schooling. Additionally, it promotes inclusivity by guiding schools in developing codes of conduct that respect religious and cultural beliefs.
Delivering remarks during the signing ceremony held at the Union Buildings on Friday, President Cyril Ramaphosa said the signing of the bill marked an important step towards resolving the long-standing challenges in the country’s education system.
“Despite the progress that has been made, there are challenges in basic education that hinder our progress. We have seen cases of learners being denied admission to schools because of their language policies.
“We have had cases of children not being allowed back to school or to sit exams because their parents cannot pay school fees. We have seen great disparities in norms and standards, in governance and in access to resources,” he said.
The bill seeks to address these challenges and is part of the state’s ongoing efforts to build an education system that is more effective and more equitable, said Ramaphosa.
Cape Times