BELA Bill: Parliament’s legal service gives basic education committee the go-ahead | News24
BELA Bill: Parliament's legal service gives basic education ... News24
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The Basic Education Laws Amendment (BELA) Bill and the Sustainable Development Goals
Introduction
The Portfolio Committee on Basic Education has received legal advice regarding clauses 4 and 5 of the BELA Bill. It has been determined that these clauses do not infringe upon the principle of separation of power.
Clause 4: Amendment to the South African Schools Act
Clause 4 of the BELA Bill proposes an amendment to section 5 of the South African Schools Act (SASA) 84 of 1996. This amendment allows parents to enroll their children in Grade R at a younger age, subject to certain conditions, even if school attendance is not yet compulsory.
Clause 5: Language Policy Approval
Clause 5 of the BELA Bill states that the school governing body (SGB) must submit the language policy of a public school, as well as any amendments to the policy, for approval by the head of department.
Legal Opinion on the BELA Bill
The Portfolio Committee sought legal opinion on the procedure and provisions of the BELA Bill. The chief legal adviser, advocate Zuraya Adhikarie, clarified that clauses 4 and 5 align with the responsibilities and autonomy outlined in the Schools Act. These clauses have also been verified as correct in previous judgments regarding admissions and language policy at schools.
Legislative Process
The committee concluded its clause-by-clause deliberations on the BELA Bill two weeks ago. However, there was a debate among MPs regarding whether a single government official should have extensive control over a school. The committee then proceeded with the legislative process to consider the proposed amendments to the SASA and the Educators Employment Act, 76 of 1998.
Legal Opinion on Procedural and Content Issues
Advocate Zuraya Adhikarie explained that the legal question raised by the committee had two aspects. Firstly, they sought guidance on the process of the motion of desirability and the proceedings to process the BELA Bill after the completion of provincial public hearings. Secondly, they requested an opinion on the legality and alignment with the Constitution of clauses 4 and 5.
Compliance with Constitutional Requirements
Adhikarie confirmed that the BELA Bill has followed the correct legal process in accordance with sections 29 and 76 of the Constitution. The motion of desirability, which was passed after the clause-by-clause deliberations, indicates the committee’s intention to proceed with the bill. The committee must now adopt a report on the bill and refer it, along with the bill itself, to the National Assembly as per the relevant rules of Parliament.
SDGs, Targets, and Indicators
| SDGs | Targets | Indicators |
|---|---|---|
| SDG 4: Quality Education | 4.1 By 2030, ensure that all girls and boys complete free, equitable and quality primary and secondary education leading to relevant and effective learning outcomes | The article discusses the Basic Education Laws Amendment (BELA) Bill, which seeks to amend the South African Schools Act (SASA) to allow parents to enroll their children in Grade R at a younger age. This amendment aims to provide access to quality education at an earlier stage. |
| SDG 16: Peace, Justice, and Strong Institutions | 16.6 Develop effective, accountable and transparent institutions at all levels | The article mentions the legal advice sought by the Portfolio Committee on Basic Education regarding the BELA Bill. This demonstrates the importance of transparent and accountable institutions in the legislative process. |
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Source: news24.com
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