Latest news with #BasicEducationLawsAmendment


The Citizen
10 hours ago
- Politics
- The Citizen
MPs meet to address language exclusion in schools, but end up clashing over language use themselves
The committee chair reminded MPs that fighting over language use contradicted the work of the committee. Picture for illustration purposes only. Members of Parliament (MPs) at the Good Hope Chamber on 9 March 2023. Picture: Gallo Images/Die Burger/Jaco Marais On Thursday, the portfolio committee on basic education met to address allegations of language exclusion and racial profiling during admission processes in Western Cape schools, among other issues. However, they ended up fighting among themselves due to language use. EFF MP Lencel Komane had just started making his submissions in Sesotho when the newly appointed MK party MP, Siphetho Mkhize, raised a point of order. He said that although he understood it was Komane's right to speak his language, he also wanted the portfolio chair to know he could not understand a word of what Komane was saying. 'I want to put it on record that I cannot understand what he's saying,' said Mkhize. 'Undermining' This did not sit well with EFF MP Mandla Shikwambana, who called out Mkhize for his point of order. 'What point of order? He [Komane] has the right to speak his own language, and he [Mkhize] is undermining. He [Mkhize] can't raise a point of order because he can't understand, but must check if there is an interpretation. This is an official language,' said Shikwambana. ALSO READ: 80% of Grade 3 pupils cannot read for meaning in any language: Ramaphosa notes SA education's grim reality Things descended into chaos just before committee chair Sedukanelo Tshepo David Louw intervened. He said: 'Honourable Mkhize, you were wrong to just enter without raising your hand. We are allowed to speak, and we have an interpreter who is going to assist in terms of translating all languages. You are new to the committee, but we've been dealing with this situation; it's our culture, even parliamentary meetings, we do have interpreters, and when we do not have them, we find a means to explain. 'There is nothing wrong if anyone wants to communicate in their language. We're here dealing with Bela [Basic Education Laws Amendment] and language, we're speaking of indigenous languages that we must include as well, so let's not contradict our stance as the committee, because we want to explore and be exemplary.' 'All languages are equal' However, this did not defuse the situation, as Komane still came in with a few words of advice to Mkhize. 'It's something we need to learn. If you go to China, you must give yourself time to learn what the Chinese do. You must not go to China and hope the Chinese will change the rules of China. It is highly impossible,' said Komane. Shikwambana still did not understand why it was a black MP who was complaining about another black MP using their language while white MPs were quiet. ALSO READ: 'Every SA language should be protected' – Marc Lottering on Afrikaans' 100th anniversary 'What interpretation are we waiting for? Half of Komane's presentation was done in English. I feel very bad when this is done by Africans. He spoke English here, so what is it that this guy did not hear? Even these English people here are quiet; these Africans are the ones saying, 'I did not hear.' What is it that he did not hear because Komane spoke in English? We can't be treated like this by Africans as well. There is no language that is superior to another here. They're all equal,' he said. 'Racial profiling' in schools In the same meeting, MEC for education in the Western Cape, David Maynier, addressed MK party MP Pinky Mngadi's allegations that some schools in the province were racially profiling pupils in their admissions processes. ALSO READ: Gauteng schools face scrutiny over language and admissions policies 'How is the Department of Education addressing allegations of racial profiling in school admissions, and what action has been taken against schools that violate children's constitutional rights through language exclusion?' she asked. She said her party would write a letter calling for his removal 'to end this island they have created and the apartheid they are exercising'. Maynier dismissed the allegations, calling on parents or anyone with evidence of such incidents to come forward so that the department could launch an investigation into the matter. 'We do not tolerate racism in our schools and department. I want to be very clear about that. I would encourage, if any parent or MP has any evidence of a case, to please ensure that you lodge a complaint. If any parent has witnessed any case of discrimination, they should come forward, provide evidence of the allegation so that we can investigate the matter,' said Maynier. READ NEXT: Language or legacy: Afrikaans at a crossroads after 100 years


Daily Maverick
6 days ago
- Politics
- Daily Maverick
Treasury's decision not to allocate extra funding imperils compulsory Grade R roll-out
While the Bela Act makes Grade R attendance compulsory, the National Treasury's refusal to allocate additional funding leaves provinces struggling to deliver on the promise of universal early childhood education. The National Treasury has turned down the Department of Basic Education's request for additional funds to implement compulsory Grade R schooling. Basic Education Minister Siviwe Gwarube confirmed the Treasury's stance during her 2025/26 budget vote speech in Parliament, acknowledging that although the Department of Basic Education's budget rose by more than 8% to over R35-billion, it fell short of meeting the cost required for universal access to Grade R schooling. Gwarube did not mince words about the consequences: provinces must absorb the significant costs from within already stretched budgets. The enactment of the Basic Education Laws Amendment (Bela) Act in December 2024 marked a watershed moment, officially making Grade R attendance compulsory for all children in SA. The law was 'the culmination of over three decades of careful policy development, expert recommendations and legislative process', said Equal Education Law Centre legal researchers Daniel Peter Al-Naddaf and Katherine Sutherland. 'This year marks 24 years since Minister Kader Asmal launched Education White Paper 5 on Early Childhood Development, which recorded Grade R as the first year of formal education. This recommendation originated from the South African Preschool Study Team in August 1994 — almost 31 years ago,' they said. 'It took six years to reach a White Paper and another 23 years to become law through the Bela Act in September 2024. Compulsory Grade R was not a rushed policy decision. 'Yet, after 30 years of planning, implementation is failing due to lack of funding. The irony is that the very government that spent three decades developing this right now renders it meaningless through budgetary neglect.' Al-Naddaf and Sutherland noted that basic education is a constitutionally protected right that must be fulfilled immediately. By including Grade R in this definition, the law established not only a duty for parents to send their children to school, but also an immediate right for children to receive this education, regardless of when it might be convenient for the government. Taking from Peter to pay Paul During her address, Gwarube said the Department of Basic Education was unable to secure additional funding from the National Treasury for the undertaking, meaning that provinces must fund it from their allocated budgets. 'Our goal is clear: every child must enter Grade R ready to learn in all respects. We urgently need additional funding for compulsory Grade R, as required by the Bela Act,' she said. Al-Naddaf and Sutherland observed that, although there was a real increase this year in the consolidated Basic Education budget when measured by the Consumer Price Index (CPI), per learner spending declined when calculated using a sector-specific inflation rate, the Basic Education Price Index (Bepi). The Bepi provides a more accurate reflection of true spending power in the sector, as it captures factors like rising teacher salaries — the main cost driver — better than CPI adjustments alone. 'When factoring in this education-specific inflation measure, alongside projected learner enrolment growth and the formalisation of compulsory Grade R, it becomes evident that per-learner spending in real terms will decline to its lowest level since at least the 2013/14 financial year,' said Al-Naddaf and Sutherland. When asked how ready provinces were to fund and implement compulsory Grade R from their current budgets, Al-Naddaf and Sutherland said that, for many years, provinces had been expected to do more with fewer resources. This ongoing strain has left provinces, particularly those already facing funding challenges, in a vulnerable position as they try to fulfil the new mandate. The department has estimated that implementing universal Grade R will cost R17-billion. 'After a decade of chronic underfunding and budget cuts, it is unreasonable for the Treasury to expect provinces to somehow absorb a R17-billion obligation within budgets already cut to the bone, especially when provinces derive around 97% of their income from the national government,' said Al-Naddaf and Sutherland. 'It is estimated that the education system will need to incorporate an additional 200,000 Grade R learners to realise universal Grade R, and costs that provinces must bear to achieve this include additional Grade R classrooms; the upskilling of underqualified Grade R practitioners; furniture; playground equipment; learner packs; per learner funding for school budgets; and Grade R educator salaries.' They noted that several provincial education departments were at risk of becoming insolvent this financial year, attributing this to years of chronic underfunding and mounting obligations imposed without matching resources. Under-resourced schools The Gauteng Department of Education is wrestling with a R31.1-billion infrastructure backlog, forcing learners into crumbling buildings or overcrowded classrooms. This gargantuan backlog does not include the 2,000 new classrooms required for the compulsory roll-out of Grade R. In the Northern Cape, education officials say it will take at least five years to address the current shortfall of 252 classrooms. Meanwhile, Limpopo appears, on paper, to have nearly universal Grade R access, with only nine schools lacking Grade R. 'However, if one looks at the number of enrolled Grade R learners in the province (128,721) and the total number of Grade R educators and practitioners (2,151), this would amount to an average teacher-to-educator ratio of 60 learners to one teacher,' said Al-Naddaf and Sutherland. 'Having Grade R available on paper is fundamentally different from meaningful implementation — true access requires quality education with adequate resources, and it is clear that quality education cannot be achieved under these severely under-resourced conditions.' Al-Naddaf and Sutherland noted that many provinces had reported having to make trade-offs and redirecting funds from other vital programmes to fund universal Grade R. The effects ripple across the education system: Scholar transport budgets are slashed, making it harder for children in rural or remote areas to get to school. The National School Nutrition Programme, meant to guarantee a basic meal to every child, now stretches thin resources to feed growing numbers of Grade R learners, risking a decline in the quality or quantity of food available. Legislation versus purse strings Gwarube acknowledged these difficult choices, reflecting in Parliament: 'We operate under extremely difficult fiscal conditions which require innovation, creativity and firm financial discipline in all our provinces. 'This is a clarion call to all our stakeholders in the sector and PEDs [provincial education departments] to tighten belts, accelerate delivery and guard against falling foul of their constitutional responsibilities of delivering quality education to all.' Despite the funding setback, Gwarube outlined the department's plans to maximise its allocated resources. Early childhood development (ECD) is a particular focus, with the ECD conditional grant rising to R1.7-billion. Of this, R230-million is earmarked for a nutrition pilot programme targeted at the youngest learners, while R162-million will be invested in infrastructure for ECD programmes. Gwarube also highlighted several targeted allocations designed to address specific educational challenges. More than R4.6-billion has been allocated to curriculum policy support and monitoring, and R1.2-billion will go towards the school workbook programme, ensuring that learners from Grade R to Grade 9 receive the necessary learning materials. The minister announced that R57-million had been earmarked to advance mother-tongue-based bilingual education. However, these pockets of targeted funding can't offset the overall resources required to give every child quality access to Grade R schooling, as the implementation of the Bela Act rests uneasily on fragile fiscal ground. Al-Naddaf and Sutherland raised a constitutional warning: 'Treasury's refusal suggests that it believes it has the power to block the implementation of legislation by declining to fund it, even when this contravenes the rights of children.' This, they argue, undermines the law and the 'immediately realisable' right to basic education enshrined in the Constitution. 'We are most concerned about the hundreds of thousands of children who will be affected. It is vital that we consider what it means for democracy and the rule of law when the Treasury is effectively able to veto a law by refusing to fund it. It may be education today, but what guarantee does anyone have that their rights will have the funding to mean something?' Daily Maverick sent questions to the National Treasury, the Department of Basic Education and Gwarube's spokesperson. No responses had been received by the time of publication. DM

TimesLIVE
09-07-2025
- Politics
- TimesLIVE
Parliament warns against stalling Bela Act implementation
The portfolio committee on basic education has raised alarm over delays in finalising key regulations of the Basic Education Laws Amendment (Bela) Act, warning it will not allow deliberate delays. Committee chairperson Joy Maimela said most members believe there are attempts to prevent the full implementation of the act by dragging out the process of drafting regulations, specially those dealing with the contentious sections on language and admission. 'Most members of the committee are of the view that deliberate attempts are being made to hold up the full implementation of the act by delaying the drafting of regulations, specially those that speak to the two contentious sections. The regulations should provide the necessary clarity to implementers of the act,' she said. The committee was briefed by the department of basic education and provincial departments on Tuesday regarding the implementation of the act and status of regulations for sections 4 and 5. The Bela Act was signed into law by President Cyril Ramaphosa in September 2024. After the act was passed, parties were given time to make proposals on how to resolve disagreements about the language and admission policies in the two sections. No consensus was reached, and the act was enacted on the understanding detailed regulations would follow. Maimela reminded basic education minister Siviwe Gwarube that the deadline for the regulations was the end of June.

IOL News
09-07-2025
- Politics
- IOL News
Minister Siviwe Gwarube says BELA Act is being implemented despite ongoing work on regulations
Basic Education Minister Siviwe Gwarube says the BELA Act is being implemented, but Parliament urges urgency on final regulations—especially for admissions and language policy—to ensure clarity, consistency, and full compliance across all provinces. Basic Education Minister Siviwe Gwarube says the Basic Education Laws Amendment (BELA) Act is already being actively implemented, even as work continues on the finalisation of supporting regulations. Addressing Parliament's portfolio committee on Tuesday during the 2025/26 Budget Vote, Gwarube said her department had rolled out extensive support to provinces and districts to ensure the Act's smooth implementation since it came into effect on December 24, 2024. 'This support has included training of provincial and district officials, the development of interim guidelines and the development of an extensive suite of draft regulations to further support implementation,' she said. Gwarube confirmed that the first two regulations , focused on admissions and school capacity , will be published for public comment in the coming weeks. She stressed the Department of Basic Education's (DBE) commitment to a "legal and policy framework that is responsive and fit for purpose." However, the Portfolio Committee on Basic Education expressed concern over delays in the drafting of the full set of regulations. Committee Chairperson Joy Maimela said: 'The majority of Members of the committee are of the view that deliberate attempts are being made to hold the full implementation of the BELA Act by delaying the drafting of regulations, especially those that speak to the two contentious sections. These regulations should provide the necessary clarity to implementers of the Act.' The committee was particularly concerned about Sections 4 and 5 of the Act, which relate to school admission and language policy—issues that remain contentious. Although additional time had been given for stakeholders to reach consensus, no agreement was reached, and the Act was enacted with the understanding that detailed regulations would follow. Maimela reminded Gwarube that the deadline for finalising the regulations was the end of June 2025.

IOL News
09-07-2025
- Politics
- IOL News
Gwarube announces upcoming publication of Bela regulations for public comment
Basic Education Minister Siviwe Gwarube says the first two regulations of the Basic Education Laws Amendment Act will be published in the coming weeks for public comment. Image: GCIS Basic Education Minister Siviwe Gwarube said the first two regulations for the Basic Education Laws Amendment (Bela) Act will be published in the coming weeks. Presenting the department budget for 2025/26 in the National Council of Provinces (NCOP) on Tuesday afternoon, Gwarube said her department has actively supported the education sector to implement the Bela Act, which came into effect on December 24. She said there has also been development of interim guidelines and draft regulations for further support and implementation. 'The first two regulations, which focused on admissions and capacity, will be published in the coming weeks for public comment. Further regulations will follow,' she said. 'This reflects our commitment to a legal and policy framework, which is responsive and fit for purpose. These broader efforts signal a broader shift to a more responsible, accountable leadership and a system that is grounded in purpose and growth.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The minister presented the budget after she and the provincial departments briefed the Basic Education Portfolio on the Bela Act regulations and implementation as they related to Grade R admissions. Gwarube, who previously promised the regulations would be published by the end of June, reportedly told the portfolio committee that 10 task teams were established to handle each regulation, and two regulations, now with the State Law Advisor, were nearly finalised. Committee chairperson Joy Maimela said in a statement that they had not been furnished with any guidelines or regulations. 'During our engagements with the provincial departments of education, it became apparent that the guidelines differ from the South African Schools Act. Some provincial departments are also confused about whether they received guidelines or regulations. This is the confusion we were concerned about from the start. If the provincial departments of education are confused, what about the general public and other stakeholders,' Maimale said. She said the committee has requested Gwarube to provide a comprehensive report within four working days on the process that led to the drafting of the guidelines. 'The committee is of the view that the time spent for draft guidelines could have been utilised rather for drafting regulations. We need the detail of what led to the guidelines as we must discuss if we need to write to the Office of the President and explain the confusion created in the sector,' said Maimela. Presenting the budget at the NCOP, Gwarube said the department's budget was R35 billion. She said the early childhood development grant has increased from R1.7 billion, with over R230 million allocated to early childhood development nutrition. A total of R162m has been set aside for early childhood development infrastructure. 'Our goal is that every child must enter Grade 1 ready to learn cognitively, be ready emotionally and physically ready.' Gwarube said improving foundational learning was at the heart of their strategy to ensure more learners progressed through the system, exited with quality results, and were better placed to study further, start sustainable businesses, or enter the job market. 'Our strategy places strong emphasis on string quality of early childhood and strengthening foundational literacy and numeracy.' She said they have set themselves to register 10,000 early childhood development centres in the current financial year. Gwarube also said they have developed learning and teaching support material to assist early childhood practitioners in effectively implementing their strategy. 'We are also developing human resources development strategy just for early childhood development to guide professionalism of the sector. ' She added that the Funza Lushaka Bursary Scheme has been aligned to prioritise the foundation phase teaching.