In 2013, the Minister of Basic Education instructed a task team to review the basic education legislation as a strategic priority for the Department of Basic Education.
The task team identified the South African Schools Act (SASA), 1996 (Act No. 84 of 1996) and the Employment of Educators Act (EEA) as needing amendments.
The Basic Education Laws Amendment Bill (Bela Bill), which was published for public comment under Government Notice proposed to amend the SASA and the EEA so as to align them with developments in the education landscape and to ensure that systems of learning and excellence in education are put in place in a manner which respects, protects, promotes and fulfils the right to basic education enshrined of the Constitution of the Republic of South Africa.
Another aim of the Bill was to bring about certain technical and substantive adjustments in the SASA and the EEA, to clarify certain existing provisions and to insert certain provisions to cover matters which are not provided for in the existing legislation. Some points in the bill: . Grade R compulsory: School attendance is compulsory from grade R and no longer only from Grade 1. The Bill further proposes to increase the penalty provision in section 3(6) of the SASA from six to 12 months in the case where the parent of a learner, without just cause, fails to ensure that a learner, who is subject to compulsory attendance, attends school or where any other person, without just cause, prevents such a learner from attending school.. Corporal punishment: Clause 10 seeks to amend section 10 of the SASA by extending the prohibition of corporal punishment being administered to learners to include “during a school activity or in a hostel accommodating learners of a school.. Home education: Learners may be educated at home only if they are registered for such education. The head of department may, on just cause shown and after notification to the parent when considering an application, require a delegated official to conduct a pre-registration consultation with the parents and learner to verify the information supplied and to provide support.
