Government pushing ahead with language changes for schools in South Africa – despite recommendations not to
Update: A media statement issued by the portfolio committee on the draft bill appears to move against recommendations made to and feedback from the Department of Basic Education on the matter of language and admission policies.
According to the committee, the following provision has been approved as part of the bill:
“Regarding language policy, the amendment states that the governing body must submit the language policy of a public school and any amendment thereof to the Head of department for approval.
“The language policy must also take into consideration the language needs of the broader community.
“The committee further adopted the proposed amendment that the Head of department, after consultation with the governing body of the school, has the final authority to admit a learner to a public school.”
Recommendations made to the department on this aspect of the laws were to reject and remove these clauses. However, the proposed amendments adopted by the committee keep them in place, giving the government final say on admissions and language policies of schools.
Read the latest here: Government will have final say on language and admission policies for schools in South Africa
Original article:
The Department of Education has seemingly moved to remove one of the most controversial and fiercely debated changes it wanted to introduce to schools in South Africa.
Following months of stakeholder and public feedback on the coming Basic Education Laws Amendment Bill, the Department of Basic Education has opted to remove the clauses giving provincial heads of department (HODs) the final say on language and admission policies at schools across the country.
According to the portfolio committee’s feedback reports on public consultations, these clauses – clause 4 and 5 of the bill – emerged as one of the most contested. This was to such an extent that the committee sought legal opinion from Parliament’s legal services on the Constitutionality of the proposed change.
While the legal opinion supported the department’s intentions, feedback from the Department of Basic Education to the comment period indicates that it will remove these requirements.
“The HOD does not have unfettered powers to amend the language policy of a school. (Other clauses) include a very detailed procedure that must be followed when such a decision is made,” the department said in its draft revision document.
This includes public consultation. Should the SGB not be satisfied with the decision of the HOD after the entire procedure, the bill caters for an appeal mechanism with the MEC.
Based on the draft recommendations given by the committee, “the requirement to submit the admission policy is withdrawn, and the requirement for SGBs to submit the language policy will be removed“.
Power play
Comments on the language and admission policy clauses pointed out that giving the government the “final say” on admissions and language policies would contravene the Schools Act which envisions a “cooperative” relationship between SGBs, HODs and the department.
It would also prove to be an overwhelming administrative task – with provinces already facing capacity constraints, unable to deal with day-to-day submissions and correspondents. To add 24,000 public schools and their language and admission policies into the mix would be to invite further disaster.
Recommendations made to the department noted that the bill should rather cultivate cooperation between HODs and SGBs, and allow the latter to fulfil its mandate of dealing with administrative issues like admissions and language policy.
“It is crucial that parents can decide on the format of their children’s schools,” it said.
The language needs of the communities in a school’s feeder zone should be taken into consideration, the recommendations read, but the principle of feeder zones not needing to be geographically adjacent to the school should continue to be recognised.
Importantly, however, the laws should ensure that national, provincial and local education bodies work together to address issues of capacity – setting objective criteria and taking into account minimum norms and standards for public schools.
“Allowing the SGB to retain their administrative duties will lead to improved education outcomes and better serve the interests of learners,” the recommendations read.
“Children must be able to be taught in their own language and therefor SGBs must be allowed to decide on the language policy of the school.”
At the same time, SGBs also have “some mandatory obligations” to the HOD to ensure that steps are taken and executed to address the issues raised by the communities they serve.
Read: School fees have crushed inflation for over a decade in South Africa – here’s why
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