# summary - Link: https://dearsouthafrica.co.za/bela-bill-ncop/summary/ - Published: 2022-05-16T18:03:44+02:00 - Author: dearSA _Advert – scroll down_ _Advert_ [ Have your say on the BELA Bill](https://dearsouthafrica.co.za/bela-bill-ncop/) Close ### Freedom of Religion SA (FOR SA) TEMPLATE PROVIDED BY FOR SA ### I strongly oppose the Prevention and Combating of Hate Crimes and Hate Speech Bill [B9B – 2018], which I believe to be unconstitutional and unnecessary, for the following reasons: 1. The Bill violates our constitutional rights as religious persons to express our religious beliefs without fear of punishment or persecution (section 15, read with section 16). Increasingly, around the world but also in South Africa, various holy scriptures (particularly on contentious issues) are regarded as “politically incorrect” or “offensive”, allegedly causing emotional and/or social harm. 2. I specifically oppose the Bill’s: 3. a. wide definition of “harm” (in Clause 1); b. the failure to define “hatred” (in Clause 1); and c. definition of, and creation of, the crime of “hate speech” (in Clause 4). 4. The creation of the crime of “hate speech” for saying / distributing something which could possibly be construed as “harmful”, will have certain unintended consequences, namely the criminalisation of good / well-meaning people who will be prosecuted for saying what they sincerely believe (according to their holy texts) and sent to jail. 5. There are already sufficient existing laws dealing with “hate speech”. 6. For all of the reasons given, I ask: 7. a. For the scrapping of the “hate speech” sections from the Bill altogether; b. Alternatively, should the “hate speech” provisions remain part of the Bill, we ask: c. a. That “harm” be defined as: “gross emotional and psychological detriment that objectively and severely undermines the human dignity of the targeted group”; and b. That “hatred” be defined as: “strong and deeply-felt emotions of enmity, ill- will, detestation, malevolence and vilification against members of an identifiable group, that implies that members of that group are to be despised, scorned, denied respect and subjected to ill-treatment based on their group affiliation”. d. That Clause 4(2)(d) (the “religious exemption clause”) be strengthened as follows to protect: _“expression of any religious conviction, tenet, belief, teaching, doctrine or writings, by a religious organisation or an individual, in public or in private, to the extent that such expression does not actively support, instigate, exhort, or call for extreme detestation, vilification, enmity, ill-will and malevolence that constitutes incitement to cause gross emotional and psychological harm that severely undermines the dignity of the targeted group, based on race, ethnicity, gender, religion or sexual orientation”._ Breakdown per Province  ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2024/02/22144325/BELA%E2%80%93NCOP-by-province.pdf) [Download [1.69 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2024/02/22144325/BELA%E2%80%93NCOP-by-province.pdf) Public comments as delivered to the NCOP ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2024/02/02111926/BELA-2022.pdf) [Download [4.41 MB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2024/02/02111926/BELA-2022.pdf) ### IN THE MEDIA * BusinessTech — [New laws for schools in South Africa get the green light – despite objections](https://businesstech.co.za/news/government/768433/new-laws-for-schools-in-south-africa-get-the-green-light-despite-objections/) * BusinessTech — [New laws for schools in South Africa – the clock is ticking](https://businesstech.co.za/news/government/742919/new-laws-for-schools-in-south-africa-the-clock-is-ticking/) * Daily Investor — [South African education crisis – only 55% of teachers can perform at grade 4 level](https://dailyinvestor.com/south-africa/34799/south-african-education-crisis-only-55-of-teachers-can-perform-at-grade-4-level/) * Daily Voice — [WCED can’t build 11 new schools](https://www.dailyvoice.co.za/western-cape/wced-cant-build-11-new-schools-b005bb92-8206-4c38-8ee4-538dde44c577) * News24 — [Thousands yet to apply as the Western Cape Education Department ‘explore all available options’](https://www.news24.com/news24/community-newspaper/peoples-post/thousands-yet-to-apply-as-the-western-cape-education-department-explore-all-available-options-20240109) * BusinessTech — [New laws for schools in South Africa take another big step](https://businesstech.co.za/news/government/735991/new-laws-for-schools-in-south-africa-take-another-big-step/) * News24 — [National budget cuts force Western Cape Education Department to tighten belt](https://www.news24.com/news24/southafrica/news/national-budget-cuts-force-western-cape-education-department-to-tighten-belt-20231208) * News24 — [Problem children: Free State schools record 65 000 misconduct cases in 5 months](https://www.news24.com/news24/southafrica/news/problem-children-free-state-schools-record-65-000-misconduct-cases-in-5-months-20231205) * News24 — [Class rate: Western Cape schools are full for 2024, but more than 1 500 pupils still need placement](https://www.news24.com/news24/southafrica/news/class-rate-western-cape-schools-are-full-for-2024-but-more-than-1-500-pupils-still-need-placement-20231205) * IOL — [WCED fighting tooth and nail to place learners for 2024 school year despite budget cuts](https://www.iol.co.za/capeargus/news/wced-fighting-tooth-and-nail-to-place-learners-for-2024-school-year-despite-budget-cuts-a1fe3ac3-8a9c-44ad-a23e-3d5d79f959ba) * SundayWorld  — [Uproar over delayed R500m boarding school project in Mkhondo](https://sundayworld.co.za/news/uproar-over-delayed-r500m-boarding-school-project-in-mkhondo/) * Maroelamedia —[ Kommer oor 88 000 tienerswangerskappe in een jaar](https://maroelamedia.co.za/nuus/sa-nuus/kommer-oor-88-000-tienerswangerskappe-in-een-jaar/) * CapeTalk — [SA’s education system in complete ruins. Requires total transformation](https://www.capetalk.co.za/articles/490578/sa-s-education-system-is-in-complete-ruins-requires-total-transformation) * GroundUP — [Hundreds of early childhood development sector workers march in Manguang](https://www.groundup.org.za/article/hundreds-of-early-childhood-development-sector-workers-march-in-manguang/) * Je’anna Clements — [The Busy-Busy (Sneaky-Sneaky) BELA Bill](https://www.patreon.com/posts/busy-busy-sneaky-93748892) * GroundUP — [“Fix our schools” activists tell Minister as deadline passes](https://www.groundup.org.za/article/fix-our-schools-activists-tell-minister-as-deadline-passes/) * Daily Maverick — [Call it what it is — the SA education system is in complete ruins](https://www.dailymaverick.co.za/opinionista/2023-11-22-call-it-what-it-is-the-sa-education-system-is-in-complete-ruins/) * BBC News — [Bela bill: South Africans face jail if children not in school](https://www.bbc.com/news/world-africa-67231637) * News24 — [Alcohol sale, admissions, language policy – all you need to know about the BELA Bill](https://www.news24.com/news24/southafrica/news/get-to-know-the-bela-bill-better-20230816) * Geaorge Herald — [BELA BILL RAISES MANY CONCERNS](https://www.georgeherald.com/News/Article/General/bela-bill-raises-many-concerns-202305241124) * The Island Online — [Bela bill: South Africans face jail if children not in school](https://island.lk/bela-bill-south-africans-face-jail-if-children-not-in-school/) * News24 — [Passing a motion: New school Bill clears first legislative hurdle](https://www.news24.com/news24/politics/parliament/education-committee-greenlight-sees-bela-bill-move-to-the-national-assembly-20230926) * News24 — [FRIDAY BRIEFING | SA’s education crisis: Does the BELA Bill miss the mark?](https://www.news24.com/news24/opinions/fridaybriefing/friday-briefing-sas-education-crisis-does-the-bela-bill-miss-the-mark-20231006) * BusinessTech – [New laws for schools in South Africa ready to take the next step](https://businesstech.co.za/news/lifestyle/695601/new-laws-for-schools-in-south-africa-ready-to-take-the-next-step/) * News24 – [Controversial basic education bill’s processing delayed due to ‘challenges’ with public hearings](https://www.news24.com/news24/politics/parliament/controversial-basic-education-bills-processing-delayed-due-to-challenges-with-public-hearings-20230324) * Parliament of SA – [Media Statement: Management of Learner Pregnancy Provokes Contrasting Views on Bela Bill in Kimberley](https://parliament.gov.za/press-releases/media-statement-management-learner-pregnancy-provokes-contrasting-views-bela-bill-kimberley) * Sowetan – [Mixed views on Bela Bill during public hearings in KZN](https://www.sowetanlive.co.za/news/south-africa/2023-05-16-mixed-views-on-bela-bill-during-public-hearings-in-kzn/) * IOL – [Closing or merging small schools will increase drop-out rate, Northern Cape parents speak on BELA Bill](https://www.iol.co.za/education/closing-or-merging-small-schools-will-increase-drop-out-rate-northern-cape-parents-speak-on-bela-bill-8629575e-b3ef-4caf-8f95-1fdb8c30088a) * Voice of The Cape – [Education expert explains BELA Bill](https://www.vocfm.co.za/education-expert-explains-bela-bill/) * George Herald – [BELA BILL RAISES MANY CONCERNS](https://www.georgeherald.com/News/Article/General/bela-bill-raises-many-concerns-202305241124) * Pestalozzi Trust – [The BELA Bill and your small school](https://pestalozzi.org/en/the-bela-bill-and-your-small-school/) * Daily Maverick – [Proposed changes to the law will effectively outlaw home education in its current form](https://www.dailymaverick.co.za/opinionista/2022-01-06-proposed-changes-to-the-law-will-effectively-outlaw-home-education-in-its-current-form/) * George Herald – [Keen Interest In Bela Bill Progress](https://www.georgeherald.com/News/Article/General/keen-interest-in-bela-bill-progress-202203160954) * Starting Homeschooling – [BELA Bill – Info for Home Educators](http://startinghomeschooling.co.za/bela-bill-info-for-home-educators/) The Basic Education Laws Amendment Bill (BELA) Bill remains the subject of major debate. Until now, School Governing Bodies have had the leeway to develop their schools’ admission and language policies but the BELA Bill requires that they submit these policies to provincial departments for approval. An academic, Professor Brahm Fleisch from the Wits School of Education has asked whether the bill will really address South Africa’s learning crisis. The BELA Bill has some important changes coming that will affect homeschoolers. Let us unpack. Join us on this amazing journey of Homesteading Homeschooling, Homemaking in a South African Township Parliament has passed the Basic Education Law Amendment Bill through a unanimous vote. Now the Bill will go to the National Council of Provinces for a consideration. Opposition parties who held protests outside the parliamentary precinct rejecting the amendments are planning to launch a court bid. eNCA’s Nobesuthu Hejana reports The National Assembly has passed the Basic Education Laws Amendment. The bill will see parents or guardians face jail time if their children are not enrolled when they reach school age. The controversial bill has been rejected by most parties. Education specialist, Prof. Mary Metcalfe, unpacks this. The Education Laws Amendment Bill (BELAB) was presented in the General Assembly of Parliament on Thursday, October 26, where it was debated and subsequently voted on. FEDSAS was present in person, and Dr Jaco Deacon will provide feedback. • What happened with BELA Bill in parliament on the October 26? • How does it affect the 2024 SGB elections and training? • What should schools and governing bodies do now? Education in South Africa is taking a significant step forward as the Bela Bill, which outlaws physical punishment in schools, comes into effect. This new legislation prohibits the use of corporal punishment in educational institutions, reinforcing the country’s commitment to promoting a safe and conducive learning environment for students. In South Africa’s province of Eastern Cape, many students are having to learn in overcrowded classrooms because there aren’t enough schools. The governing African National Congress says it’s trying to improve conditions in poor communities – but it’s proving difficult to make progress. Al Jazeera’s Haru Mutasa reports from Stutterheim, South Africa ### SUMMARY The Bill proposes to amend the South African Schools Act, 1996 (Act No. 84 of 1996), and the Employment of Educators Act, 1998 (Act No. 76 of 1898) (the SASA and the EEA, respectively), so as to align them with developments in the education landscape and to ensure that systems of learning are put in place in a manner which gives effect to the right to basic education enshrined in section 29(1) of the Constitution of the Republic of South Africa, 1996. Amongst others, the Bill seeks to amend certain definitions; to provide that attendance of Grade R is compulsory, and to provide for system improvements in terms of admission of learners to public schools. It also provides for financial and public accountability frameworks for governing bodies and provincial departments. The Bill further provides for additional Regulatory powers of the Minister, and enhancing decision making and oversight powers of Heads of Departments and Members of the Executive Councils. The Bill also proposes technical and substantive adjustments, clarify certain existing provisions, insert provisions which are not provided for in existing legislation and strengthen enforcement mechanisms for offences and penalties. Memorandum of Objects and Clause by Clause analysis ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28142510/Memo-from-B2B-2022-basic-education-2023-ag_B2B-2022-basic-education-2023-ag.pdf) [Download [81.37 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28142510/Memo-from-B2B-2022-basic-education-2023-ag_B2B-2022-basic-education-2023-ag.pdf) Basic Education Laws Amendment Bill ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28142632/B2B-2022-basic-education-2023-ag_B2B-2022-basic-education-2023-ag.pdf) [Download [197.55 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28142632/B2B-2022-basic-education-2023-ag_B2B-2022-basic-education-2023-ag.pdf) Encourage participation on the BELA Bill with this notice ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28163717/BELA-Bill-QR-poster.pdf) [Download [173.31 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2023/11/28163717/BELA-Bill-QR-poster.pdf) Socio Economic Impact Assessment  ⌊Loader⌉ Loading... ⌊EAD Logo⌉ Taking too long? ⌊Reload⌉ Reload document | [ ⌊Open⌉ Open in new tab ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/05/16190159/SEIAS_Final_Assessment.pdf) [Download [717.65 KB] ](https://cdn.dearsouthafrica.co.za/wp-content/uploads/2022/05/16190159/SEIAS_Final_Assessment.pdf) Other documents * [Committee Strategic Planning Presentation (April 2022)](https://pmg.org.za/files/220419Draft_1_PC_Basic_Educaiton_Strat_Plan_19_April_2022.pptx) * [Media Statement: Basic Education Committee Will Conduct Extensive Public Participation Process On Basic Education Laws Bill](https://pmg.org.za/files/220215pcbasic_Media_Statement.docx) Portfolio Committee on Basic Education, 30 May 2023 Committee meeting 19 April 2022 ### PUBLIC HEARINGS Kwa-Zulu Natal – Pinetown Civic Centre Toll Speelman Community Hall, Northern Cape Thobi Kula Indoor Sports Centre, Queenstown Western Cape, Ceres Mthatha Town Hall, King Sabatha Dalindyebo NORTHERN CAPE – Upington Tsakane Community Hall, City of Ekurhuleni Jack Botes Hall, Polokwane Rustenburg City Hall Phuthaditjaba, Free State Mabopane Indoor Sports Centre, Gauteng Simon Sefuthi Community Hall, Free State Johannesburg City Hall, Gauteng Lenyenye Community Hall (Mopani District) Bill Makwarela Community Hall Phuthaditjaba, Free State