South Africa’s BELA Debate: Achieving Social Justice and Overcoming Coloniality (or not) in the Basic Education System

Signed into law in September 2024, the Basic Education Laws Amendment (BELA) Act is one of the most significant education laws in South Africa since the advent of democracy. Broadly speaking, the Act aims to update and standardise governance within the education sector. Key changes include extending the number of years of compulsory schooling, broadening the definition of corporal punishment, implementing stricter regulations on homeschooling, and enhancing financial accountability. The Act also addresses the determination of school admissions and language policies in Clauses 4 and 5 respectively, and these provisions have been the focal point of debate. Clause 4 shifts greater control over admissions policies, previously decided by School Governing Bodies (SGBs), to provincial heads of government departments. While proponents believe that this will create a more equitable, non-discriminatory and standardised admission process, critics argue that it erodes the decision-making powers of the SGBs and could lead to bureaucratic inefficiencies. Clause 5 pertains to school language policies, similarly, shifting more control over to government officials. Supporters argue that this change promotes inclusivity and ensures that language policies do not discriminate against any learners. Opponents, however, contend that it undermines the authority of SGBs, threatens community involvement in schools and places the constitutional right to mother-tongue education at risk. This paper employs documentary research to examine these perspectives from both sides. It argues that each perspective is rooted in a different conception of social justice. Supporters view the changes as a means to rectify historical injustices and promote equality, while opponents see them as an infringement on established rights and local autonomy. The paper thus raises questions around the issue of whether, and how, social justice can be achieved in an education system that continues to be characterised by coloniality.