BELA Bill: Provincial Public Hearings Report – Western Cape

Meeting report

The Chairperson noted that the public hearing reports for Northern Cape and Eastern Cape would be considered in early August 2023. That would be followed by the drafting of a national report. Thereafter, the Committee would meet in person to review the national report clause-by-clause.

Committee Report consideration
Ms Portia Mbude-Mutshekwane, Committee Content Advisor, presented the draft Committee Report on the public hearing on the BELA Bill held in the Western Cape province.

The Chairperson opened the discussion and asked for corrections.

Ms M Sukers (ACDP) thanked the Content Advisor and her team for a very comprehensive report. She thanked the team for noting the inputs provided by the community leaders in Wolseley, which require urgent attention especially about learner transport, which highlights the fallout of school closures. The same comment was made by a speaker in George.

Ms Sukers made the following corrections for inclusion in the report:
- On youth participation, most of the speakers were home-schoolers.
- On independent schools, she requested that the reference to homeschooling be removed. The comment on “homeschooling working well,” should be moved to clause 37.
- Cottage schools are micro, independent schools. Many speakers asked that the Bill makes space for these kinds of schools. This was addressed by five speakers In Wolseley, five in Gugulethu, and four in George.
- On interpretation, some speakers wanted homeschooling to be registered and monitored. However, it does not align with the proper interpretation of homeschooling.
- Several speakers asked for the inclusion of a clause protecting the right to freedom, as was noted in the report. However, she highlighted freedom of curriculum and assessment. The right to freedom was a concern of 54 speakers overall.
- Participation was requested and raised at the previous Kwa-Zulu Natal and Gauteng hearings. For virtual hearings, it was raised several times in the Western Cape.
- Another major concern was the lack of meaningful consultation as noted in the report. 26 speakers raised this. It was well summarised by a submission made by a speaker in Wolseley and she asked that a specific reference be made to the Wolseley speaker’s comment, as it adequately summarises. The concerns raised are that the principles of participatory democracy were not followed in preparing clause 37 of the Bill, and the DBE did not conduct research on home education. This means that if the laws are passed, there is no clarity on whether the law would have the desired effect and it could have many negative consequences. The process for public participation was flawed.

The Chairperson interjected that she had asked for the report to be corrected. That is what she called for.

Mr P Moroatshehla (ANC) agreed with the Chairperson.

The Chairperson said Members should deal with the report and state if it is correct. Ms Sukers should not come with her inclusions,

Ms Sukers responded that it is not an inclusion.

The Chairperson repeated that this is what Ms Sukers is doing, including “her own thing.”

The Chairperson called for order when Ms Sukers and Mr Moroatshehla both attempted to speak further.

Mr Moroatshehla said that the report was presented to the Committee. The report must be corrected where there are omissions or where there are unnecessary inclusions. He asked for Members to do so. If a Member adds comments as though it is at the discussion level, the Member would be out of order. Hence, he raised it as a point of order.

The Chairperson asked Ms Sukers if she had completed her corrections.

Ms Sukers responded that she had provided corrections. The specific comment is included in the corrections. Where she put something for notice, she said it. The issues raised relate to a number of speakers. She did not provide her interpretation. If she wanted to provide hearing audio timestamps, she could. If she also votes for the report. The Content Advisor had raised all of this in the report. The points of correction were noted as such.

The Chairperson referred to how members from different organisations are taught to deal with corrections. However, Ms Sukers is providing inputs into the report. The Chairperson had asked for corrections. Ms Sukers’ preface was a comprehensive report and that she provided several inputs.

Ms Sukers said that she thinks they have a difference of opinion because she did not do so.

The Chairperson said it is a difference of opinion and understanding too.

Ms Sukers agreed and said that she made her point.

Committee Report voting
The Chairperson called for the adoption of the report.

Mr Moroatshehla moved for the adoption of the report.

Mr B Yabo (ANC) seconded the motion.

The Committee considered and adopted the 20 June 2023 meeting minutes and the meeting was adjourned.