Some love the new education law, some hate it — expert explains why

South Africa has a new law governing education. The Basic Education Laws Amendment (Bela) Act changes several aspects of how schools are managed.

It was introduced to address inequalities in the school system by standardising rules on admissions, language policies, discipline and even the operation of homeschooling. But it has sparked controversy.

Education professor Wayne Hugo answers questions about the act.

How does the act change the school system?

The act shifts some control, such as language policy, from local school governing bodies (SGBs) to provincial education officials, changes rules on how schools manage student admissions and on language of instruction, and sets new guidelines on discipline and homeschooling.

It also makes certain levels of education compulsory, with the possibility of parents facing jail time if their child is found to be truant. Previously, only grades 1 to 9 were compulsory. The act makes grade R ( classified under early childhood development) and grades 10 to 12 compulsory. The change is aimed at improving early childhood education and ensuring pupils complete their schooling.

Controversially, there’s no increased funding for the increased number of pupils in schools. Public schools are expected to absorb the changes within their existing budgets.

What changes have been made to corporal punishment?

The definition has been broadened. It includes not only physical acts such as hitting or smacking but also actions that undermine a child’s dignity as well as initiation practices. This includes punishments such as making students stay in uncomfortable positions or subjecting them to emotional abuse.

How is homeschooling affected?

The act introduces stricter regulations. Parents who choose to homeschool their children must register with the provincial education department and specify the curriculum they will use. The act also requires that homeschooled children undergo independent assessments to ensure they receive a quality education. Additionally, it allows government to conduct site visits to approve homeschooling set-ups.

What are the most debated aspects of the act?

Clauses 4 and 5 are among the most debated and controversial parts.

Clause 4 grants provincial heads of department the final authority to approve or modify a school’s admission policy. Clause 5 allows them to change a school’s language policy.

Supporters argue the provisions address the language needs of the broader community and promote inclusivity. However, critics contend the changes strip control from local SGBs, which traditionally handled the decisions. The centralisation of power is seen as a threat to community involvement in schools.

Additionally, some critics view clause 5 as undermining the constitutional right to mother tongue education.

The strongest opponents are Afrikaner groups and the DA. They are concerned the new powers granted to provincial education officials could be used to force single-language schools, particularly Afrikaans-medium schools, to change their language policies. They fear schools may be pressured to adopt dual-medium education, which could dilute mother tongue instruction and increase running costs.

There is also concern officials might override admission policies, potentially overcrowding schools that are operating efficiently. The largest opposition party, now also a member of the new government of national unity, the DA, argued that transferring decision-making authority on language and admissions from SGBs to provincial education departments is a power grab by government, effectively centralising control over schools and reducing the autonomy of local communities and parents.

What is the debate between equity in education and local autonomy?

The debate centres on whether centralising control will promote fairness or undermine local decision-making.

Proponents argued government intervention is necessary to ensure equal access to education for all pupils, specially when some schools use language or admission policies to exclude certain pupils.

Critics, however, believe local communities should have the right to govern their schools based on their specific needs, warning that central control may lead to a one-size-fits-all approach that overlooks local diversity and unique requirements.

Was there a lot of consultation?

Yes. The government has spent more than a decade consulting with stakeholders, including SGBs, unions, parents and community groups. The consultations aimed to gather input and address concerns about the proposed changes.

Despite this, some groups argued their voices were not fully considered in the final version of the act, particularly regarding clauses 4 and 5.

What do supporters of the act say?

They believe the act will make education more equitable by preventing schools from using admission and language policies to exclude certain groups of pupils. They argued centralising control will help create a fairer education system and empower provincial departments to address historical inequalities.

• Hugo is professor of education and development at the University of KwaZulu-Natal

This article was first published in The Conversation