10 Jan 2025
The Basic Education Laws Amendment Act came into effect in December 2024.
The proclamation notice was published in Government Gazette 51836.
President Ramaphosa signed the act in September 2024.
Parliament passed the Basic Education Laws Amendment Bill and sent it to the president for assent in May 2024.
The national council of provinces (NCOP) amended the bill and returned it to the national assembly (NA) for concurrence in the same month.
The NA passed the bill and sent it to the NCOP for concurrence in October 2023.
The bill was tabled in parliament in January 2022.
The basic education department published the bill’s explanatory summary in Government Gazette 45601 in December 2021.
The bill aimed to amend the South African Schools Act and the Employment of Educators Act.
According to the department, the amendments are a response to court judgments that protect and give effect to the Bill of Rights.
The bill sought to provide for system improvements in terms of admission of learners, in particular the admission of undocumented learners.
It also provided for financial and public accountability frameworks for governing bodies and provincial departments.
The bill further provided for additional regulatory powers of the minister and enhancing the decision-making and oversight powers of heads of departments and members of the executive councils.
The proposed legislation addresses provincial needs relating to central procurement, home education, dispute resolution, amongst others.
The bill also proposed technical and substantive adjustments, clarified certain existing provisions, inserted provisions which are not provided for in existing legislation and strengthened enforcement mechanisms for offences and penalties.
The portfolio committee on basic education adopted the bill with amendments.
The select committee on education and technology, sports, arts and culture adopted the bill with amendments.
The portfolio committee adopted the select committee’s proposed amendments.
The act came into effect on 24 December 2024.
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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)