Top, left: Robyn Beere (https://eelawcentre.org.za/who-we-are/our-team/); top, right: https://pixabay.com/photos/classroom-old-one-room-school-510228/; bottom, left: https://pixabay.com/photos/apples-books-school-blackboard-2276269/; bottom, right: Ebrahiem Daniels (https://eelawcentre.org.za/who-we-are/our-team/)
Robyn Beere and Ebrahiem Daniels from the Equal Education Law Centre in Khayelitsha talk to Naomi Meyer about changes in the BELA Bill – and about the importance of parents making their voices heard.
Robyn and Ebrahiem, please could you provide our readers with your background and tell us about the Equal Education Law Centre?
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The EELC’s overriding goal is to use the law as a tool to ensure the realisation of every learner’s right to an equitable, safe and quality basic education.
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The Equal Education Law Centre (EELC) runs a daily law clinic staffed by social justice lawyers specialising in education law. In addition, we make submissions for law and policy reform, and we carry out legal advocacy, community lawyering and public interest litigation. The EELC’s overriding goal is to use the law as a tool to ensure the realisation of every learner’s right to an equitable, safe and quality basic education.
The BELA Bill is in the news (again). In the Afrikaans media, we hear only about language amendments. Please explain to me and to our readers what amendments are suggested – in terms of language, and otherwise.
The BELA Bill now requires school governing bodies (SGB) to submit their language policies to the head of the department of education (HOD), and the HOD may approve the policy or return it to the SGB with recommendations. Before signing off on a school’s language policy, the HOD must be satisfied that the policy considers the best interests of the child, the changing number of learners who speak the language of learning and teaching, the effective use of resources and classroom space, the enrolment trends of the public school, and the broader language needs of the community where the school is located. The SGB must now also review the language policy every three years, or when circumstances necessitate a change in a school’s language policy or at the request of the HOD.
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Before signing off on a school’s language policy, the HOD must be satisfied that the policy considers the best interests of the child, the changing number of learners who speak the language of learning and teaching, the effective use of resources and classroom space, the enrolment trends of the public school, and the broader language needs of the community where the school is located.
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What is your view, from a legal perspective, on the suggested amendments?
We welcome the amendments, especially now that the HOD is empowered to oversee language policies and ensure that they are constitutionally compliant. Tasking an HOD to ensure that the language policies of schools serve the interests of the community and the students they enrol and meet the need of elevating the status of indigenous languages, is in line with the transformative vision of the Constitution. In our experience, the language policies of schools have often been used in exclusionary ways.
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Some schools have sought to maintain the status quo in terms of the learners they admit into the school, despite the changing needs of the surrounding community. They use language policies to preserve privilege, and sadly often as a proxy for racist practices.
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Some schools have sought to maintain the status quo in terms of the learners they admit into the school, despite the changing needs of the surrounding community. They use language policies to preserve privilege, and sadly often as a proxy for racist practices. Single-medium and better resourced schools are often sealed off from black learners wishing to access them. Many learners have been turned away from schools on the basis of the fact that they seek tuition in a different language.
What is your view, from a practical perspective, on the suggested amendments?
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We often see in practice how issues regarding practicality and financial constraints are used as excuses for the failure to promote transformation. Always defaulting to practicality and financial constraints without being intentional about redress will always uphold privilege. The amendments are clear that the best interests of the child must be paramount and children must have access to equitable, quality education – this should always be the goal.
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There are, of course, both practical and financial implications for the proposed amendments. However, the amendments do require that the HOD take into account the best use of resources and classroom space, among other things. Redress and transformation will always have practical and/or financial implications. We often see in practice how issues regarding practicality and financial constraints are used as excuses for the failure to promote transformation. Always defaulting to practicality and financial constraints without being intentional about redress will always uphold privilege. The amendments are clear that the best interests of the child must be paramount and children must have access to equitable, quality education – this should always be the goal.
In your ideal world, what are the most important aspects to attend to in South African schools – all schools?
Sadly, our education system is still characterised by vast inequality – with 80% of our schools deemed dysfunctional, quality education remains a privilege and not a right. In order for every child to receive an equitable and quality education – irrespective of any aspect of their identity, socioeconomic status, home language or academic ability – every school, teacher, parent and child needs to be committed to making education for all a priority. Being able to access a school and be taught in a language you are able to learn in, to have access to textbooks and other resources and to be in a safe and secure school environment must be the common goal.
Is there anything South African parents should do at this point?
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It is important for parents to be empowered and to get involved in the debates around education. Being informed about changes to law and policy – such as the BELA Bill – and understanding your child’s rights and your responsibilities as a parent help to promote accountability. Parents as well as learners themselves should consider making submissions and having their voices heard.
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It is important for parents to be empowered and to get involved in the debates around education. Being informed about changes to law and policy – such as the BELA Bill – and understanding your child’s rights and your responsibilities as a parent help to promote accountability. Parents as well as learners themselves should consider making submissions and having their voices heard.
Also read:
Afrikaans oorleef by US solank dit "redelikerwys doenlik" is
(Ab)using language for narrow socio-political and racist interests
Skoleseminaar en Wysigingswetsontwerp: waarom Afrikaanse ouers moet kennis neem
BAQONDE and multilingual education in South Africa: An interview with Lorna Carson
Skoleseminaar en die Wysigingswetsontwerp: Lesufi is die brein agter Afrikaans se verkragting