Dear Members of the Portfolio Committee on Basic Education,

I extend my gratitude for affording me the opportunity to contribute to the ongoing dialogue shaping the trajectory of our educational framework. I commend the Committee on the commendable amendments proposed, which hold promise in enhancing our legislative landscape and, ideally, translating into tangible improvements in practice.

I am Dr. Annamagriet de Wet, serving as a lecturer in Education Law at the Faculty of Education, North-West University. With a Doctorate in Education Law, I have dedicated over two decades to instructing both undergraduate and post-graduate students in this field, alongside conducting research primarily focused on the realization of educational rights.

This morning, I participated in the engagement session held in Parys, during which Dr. James Ndlebe meticulously presented the bill, dissecting each clause.

I humbly present the following observations for your thoughtful consideration:

1. Decentralisation Advocacy
While acknowledging the Department of Basic Education's (DBE) intention to streamline decision-making processes, particularly regarding language and admission policies, I urge reconsideration of certain proposed amendments that tilt towards centralisation of power. Such a shift poses the risk of fostering an environment ripe for the abuse of authority, reminiscent of past oppressive regimes. It is imperative to uphold the grassroots representation facilitated by School Governing Bodies (SGBs), safeguarding communities' voices in educational matters. Rather than diminishing the role of SGBs, exploring avenues for reinforcing accountability mechanisms and enforcing existing legal frameworks could be more prudent.

2. Combatting Corruption
Section 14's proposal for centralised procurement, while advantageous in theory, necessitates robust safeguards against potential malfeasance. The spectre of corruption looms large, threatening the efficacy and integrity of procurement processes. I propose introducing mechanisms to mitigate such risks, including optional participation for SGBs or schools and delineating stringent protocols to forestall corruption and conflicts of interest.

3. **Gender Inclusivity**:
The absence of provisions addressing gender-related issues is glaring. Instances of gender and sexuality-based discrimination within educational settings underscore the urgency of incorporating regulatory measures aimed at fostering inclusivity and combatting marginalisation. I recommend augmenting section 39 to empower the Minister to promulgate regulations promoting gender and sexual equality in schools, thereby nurturing safer and more inclusive learning environments.

4. Occupational Health and Safety Mandates
Despite the multifarious activities undertaken within school premises falling under the purview of the Occupational Health and Safety Act, there exists a prevailing misconception of its applicability. Explicitly stipulating schools' compliance with this Act, and perhaps elaborating on specific safety protocols, would serve to underscore the importance of prioritising the well-being of all stakeholders.

5. Mitigating Conflict of Interest
While commendable efforts have been made to curb conflicts of interest, extending such prohibitions to encompass not only educators but all school employees, including non-teaching staff at various administrative levels, would further fortify integrity and accountability within the education sector.

6. Advocating Diversity Positivity
The incorporation of diversity-positive clauses within section 7 is a laudable stride towards fostering inclusive educational environments. I propose extending the ambit of these provisions to explicitly encompass gender diversity and, moreover, advocate for nurturing school environments that actively celebrate and embrace diversity in all its forms.

In conclusion, I urge the Committee to deliberate earnestly on these suggestions, with a view towards fortifying our educational framework to be more equitable, transparent, and responsive to the needs of all stakeholders.

Yours sincerely,
Dr. Annamagriet de Wet
Lecturer in Education Law
Faculty of Education, North-West University