Having spent the early years of my working career as an Educator, I was alarmed to read that of the 1.2 million children who enrolled in Grade 1 in South Africa in 2013, only 740 876 of these learners matriculated in 2024. That means only 60% (2023: 68%) of those learners who started Grade 1 in 2013 completed their schooling.

A further disturbing statistic is that between Grade 10 and Grade 12, the class of 2024 shrank by a whopping 407,561 learners, which is a dropout rate of 35,5%.

Considering the statistics above, I was interested to read about the Basic Education Laws Amendment (BELA) Act, passed into law by President Cyril Ramaphosa on 13 September 2024, marking one of the most significant legislative reforms in education since democracy. The Act amends previous legislation and aims to improve governance, language policy management, and learner access, while addressing long-standing challenges in the public education system. The Act has introduced some progressive elements, while also sparking intense public and political debate, especially concerning school governance and parental rights, resulting in Sections 4 and 5 initially being postponed for further discussions.

Following further dialogue, Ramaphosa announced on 20 December 2024 that an agreement had been reached, and he signed a Presidential Proclamation to give effect to the Act that day.

Key Provisions of the BELA Act

• Language Policy Control: Shifts final decision-making on a public school’s language policy from the school governing body (SGB) to the provincial Head of Department (HOD).
• Admission Authority: Gives the provincial HOD the final decision in learner admissions at public schools.
• Grade R Compulsory: Makes Grade R (reception year) compulsory, expanding the formal schooling system from Grade R to Grade 12.
• Home Schooling Regulation: Tightens regulations on home education, requiring formal registration and curriculum alignment.
• Corporal Punishment: Reinforces the ban on corporal punishment with stricter enforcement mechanisms.
• School Governance Adjustments: Modifies the composition and powers of school governing bodies.
• Compulsory Attendance Enforcement: Introduces penalties for parents who fail to ensure school attendance of their children.

Strengths of the BELA Act

• Universal Access through Grade R Inclusion: Making Grade R compulsory is a transformative step that strengthens the foundation phase.
• Enhanced Accountability in Language and Admissions: The transfer of authority from the SGB to provincial departments aims to eliminate discriminatory practices and gatekeeping by schools. This may improve equity and inclusivity.
• Clarity on Home Schooling Standards: Through regulating curriculum standards and monitoring compliance, the Act seeks to ensure home-schooled learners receive an education equivalent to formal schooling.
• Human Rights-Based Approach: Strengthening the ban on corporal punishment and reinforcing learner protections aligns with the Constitution and global best practices in child rights.
• Improved Learner Attendance Enforcement: The emphasis on compulsory attendance, with possible sanctions for parents, highlights the state’s commitment to universal education.

Criticism of the BELA Act

• Undermining School Governing Bodies
  Critics argue the Act centralises a high level of power in the hands of the state, particularly provincial HOD. This may erode the principle of participatory democracy in education and reduce community ownership of schools.
• Threat to Mother-Tongue Education
  The Act may compromise the preservation of indigenous languages in schools that currently use them as mediums of instruction.
• Administrative Overreach in Home Education
  Homeschooling communities argue that the regulatory requirements are burdensome and may stifle educational freedom and innovation.
• Capacity Constraints at Provincial Level
  Shifting major responsibilities to education departments assumes strong administrative capacity.
• Vague Implementation Frameworks
  Several provisions are without clear guidelines for enforcement. For example, it is unclear how provinces will scale up infrastructure and staffing to accommodate the compulsory Grade R inclusion.

The BELA Act is widely regarded as a bold legislative attempt to modernise South Africa’s education system, improve inclusivity, and uphold learners’ rights, seeking to address real inequities and inefficiencies.

At a time when South Africa needs urgent reforms to improve education levels and skills, and increase the percentage of learners completing their basic education (Grades R-12), to ensure the nation remains economically relevant and can drive economic growth, we hope these legislative changes will lead to the desired outcomes.