Bela warning for private schools
Legal experts have warned that private schools are not exempt from the new Basic Education Laws Amendment (Bela) Act and should ensure they review their own policies to align with the changes.
BusinessTech reports that President Cyril Ramaphosa signed the Bela Act into law in September, while placing a three-month suspension on two of the most controversial aspects of the laws: language and admission policies.
Once the three-month period elapsed, he promulgated the held sections – without any changes – in December.
Aadil Patel, National Practice Head and director of the employment practice at Cliffe Dekker Hofmeyr, said while the Act primarily targets public education reform, private schools are not exempt from the laws.
SA has 22 589 public and 2 282 private schools.
While the total number of schools has declined in recent years, private schooling has shown significant growth.
In 2000, private schools made up just 3.5% of all schools; today, they account for over 10%.
Patel said that private institutions are in high demand and cater to a diverse range of socio-economic groups, including low-fee, middle-income, and elite learners – but their private nature does not exempt them from constitutional obligations and policy requirements that uphold learner rights.
BusinessTech notes that Patel said that, despite the Act’s more public school-leaning policy changes, it is important for private schools to be involved with consultation processes on the future direction of the laws and also to start preparing their own policies to be in line with the laws, where applicable.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
