BELA Bill: Parliament's legal service gives basic education committee the go-ahead

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The Portfolio Committee on Basic Education was legally advised that clauses 4 and 5 of the Basic Education Laws Amendment (BELA) Bill did not traverse or deal with the principle of separation of power.

It provides that, despite the age at which school attendance is compulsory, a parent may enrol a child at a school to start attending Grade R at a younger age, if they so wish, and subject to a few conditions.

The chief legal adviser, advocate Zuraya Adhikarie, said the two clauses clarified the responsibilities and autonomy of the three-tier partnership initially envisaged by the Schools Act and were verified as correct in the judgments pronounced on the issues of admissions and language policy at schools.

She said the legal question was two-fold; firstly, the committee required guidance on the process of the motion of desirability and on the proceedings to process the BELA Bill, since the provincial hearings had been finalised pursuant to the obligation of Parliament and provincial legislatures to facilitate public involvement.

 

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