Chapter 15
More From this Chapter

The Basic Education Laws Amendment Act (BELA) – Impact on SGBs

The DBE introduced the Basic Education Laws Amendment Act (BELA) which includes many amendments for SGBs. 

BELA aims to improve the efficient functioning and administration of SGBs by providing for greater measures of accountability of SGBs. 

  • Clause 14 of BELA amends section 18A of the Schools Act, which prevents members of SGBs or their families from benefiting financially from their relationship to the school.
  • Clause 23 of BELA amends section 27(2) of the Schools Act to prevent SGB members from receiving any form of remuneration from the school, and section 29, which will ensure that only a parent who is not an employee at a school may serve as the chairperson of the financial committee. 
  • Clause 28 of BELA amends section 36 of the Schools Act to introduce measures requiring the approval of the Member of the Executive Council where schools enter into loan or lease agreements. 
  • Clause 30 of BELA amends section 38 of the Schools Act to introduce new oversight measures when a budget is adapted during a financial year or when a quorum cannot be reached for an annual general meeting. 
  • Clause 31 of BELA amends section 38A of the Schools Act, which provides for processes in paying state employees. The section aims to provide greater financial oversight over a school’s financial affairs. These clauses impact governance at a local level to prevent corruption.
  • Clause 4 of BELA amends Section 5 of the Schools Act by providing that admission policies must be sent to the HOD for approval. 
  • Clause 5 of BELA amends Section 6 of the Schools Act by providing that the HOD when approving a school’s language policy, must consider the best interests of the learner and the number of learners who speak the language, the best use of resources, and the language needs of the broader community. It allows the HOD to adopt more than one teaching language. 
  • Clause 7 of BELA amends Section 8 of the Schools Act to allow for learners to be exempt from certain rules of the school if they impact on the learners’ religious and cultural beliefs.
  • BELA proposes changing the criteria for getting a fee exemption.