The Basic Education Laws Amendment (Bela) Bill signed into law on Friday could help address the persistent issue of Grade 4 learners struggling with reading comprehension.
This is according to the Nelson Mandela Children’s Fund, which hailed the signing of the bill amid the DA’s threat to challenge it in court.
The South African portion of the Progress in International Reading Literacy Study 2021 (PIRLS 2021) conducted by the University of Pretoria (UP) found that 81% of South African Grade 4 learners are struggling to read for comprehension at age 10.
The findings, highlighting a drop in South Africa’s score point average since the previous report in 2016, were last year presented to then-Basic Education Minister Angie Motshekga. South Africa was ranked the lowest out of 57 countries that participated in PIRLS 2021.
“This problem could be mitigated by implementing laws like Bela, which emphasises the importance of enrolling children in school as early as Grade R. Bela also stipulates that parents may face up to 12 months in jail if they fail to enrol their children in school at the required age for Grade R,” said the fund’s chief programmes officer, Karl Muller.
“We have laws such as the Children’s Act Amendment Act 28 of 2019, emphasising restoration rather than punishment for children who cause harm. This aligns with the Child Justice Amendment Act 28 of 2019, highlighting restorative justice and the distinction of moral standards for offenders.
“Critical here is assessing a child’s criminal capacity – a principle that affects how young perpetrators are treated in the legal sphere.
“We would like to see Bela’s objectives being interwoven with the principles underlying these existing laws. By recognising and reinforcing the interconnectedness of these laws, we can create a comprehensive framework that supports safe schools and the well-being of our children.
“This holistic approach not only emphasises accountability but also promotes rehabilitation, education and prevention as essential elements in addressing the complex issue of bullying.”
The new legislation also aims to align the roles of School Governing Bodies and provincial education departments to ensure equal educational standards and uphold the constitutional right to basic education.
It strengthens the ban on corporal punishment with harsher penalties and introduces financial and public accountability frameworks for School Governing Bodies. The bill also revises school admissions policies to better support vulnerable learners, like children of undocumented migrants and increases regulation of homeschooling.
In his speech at the signing ceremony on Friday, President Cyril Ramaphosa said the signing of the bill marked an important step towards resolving the longstanding challenges in the country’s education system.
“Despite the progress that has been made, there are challenges in basic education that hinder our progress. We have seen cases of learners being denied admission to schools because of their language policies.”
Cape Times