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BELA Bill: School Closure & Merger Fact SheeT

Writer's picture: LearnFreeLearnFree
May 26, 20235 min read

[Updated 14 February 24 to reflect changes to clause numbers]

Impact

  • The Bill is expected to increase school mergers and closures, particularly in rural areas.

  • It will impact primary schools with 135 or fewer learners and secondary schools with 200 or fewer learners, potentially leading to closures without justification.



Background

· The closure of Seekoegat Primary School focussed national attention on school closures. Despite the WCED closing this school the community defied the WCED and kept their school open. The community then petitioned parliament about the closure with the assistance of ACDP MP Marie Sukers.

· A draft Policy on Rural Education was gazetted for public comment in 2017 that stated that “the implications of closing small schools in rural areas are far bigger than closing small schools in urban settings. For example, in sparsely populated areas where distances between schools and poor road conditions are not conducive to public transport use, small schools can be the only means of access to education.”

· The DBE uses the “Standard Parameters for Closure and Merger of Micro Public Schools” and “Guidelines for Rationalisation and Re-alignment of Public Schools” to close schools.

· Following interactions with the Seekoegat community the Minister of Education in the Western Cape declared a moratorium on all school closures in the Western Cape because “because we are not convinced by the national department’s framework for closing schools, which essentially says that if a school is a micro school and has multi-grade teaching, we must close it,”

· Over 3000 schools could face closure over the next 3 years.

· 258 000 learners would be impacted.

· 15 259 educators will be impacted. Most educators will be reassigned but those on short-term contracts and other workers (cleaners, gardeners, maintenance etc. for whom there are no figures) are likely to be retrenched.


Number of schools at risk by province

· KZN

o 1005 Schools

o 82677 Learners

o 5153 educators.


· WC (Note: Moratorium on school closures in place in Western Cape)

o 299 schools

o 19234 learners

o 1455 educators


Northern Cape


Primary Schools

​Secondary Schools

Schools

45

16

​Learners

3729

1971

Educators

189

89

While these numbers are low in absolute terms the total number of schools in the Northern Cape is 468 and there are only 256 primary schools so nearly 1 in 5 primary schools could be closed. The Northern Cape has a very high number (97) of Intermediate and Combined Schools.


Eastern Cape

​

Primary Schools

Secondary Schools

Schools

1266

411

Learners

100 598

57 117

Educators

4 884

2676

Relevant Bill Extracts

  • Primary Schools with more than 135 learners and Secondary Schools with more than 200 learners can only be closed after the MEC provides reasons for closure.


Clause 25 - Section 33 (1) & (2): “The MEC can close a public school by notice in the Provincial Gazette. The MEC may not act unless the school and the governing body have been informed in writing of the intention to act and the reasons for doing so.”


  • However if primary school has 135 or fewer learners registered, or a secondary school has 200 or fewer learners registered they can be closed without the minister providing reasons


Clause 25 Section 33 4(a): “The Member of the Executive Council (MEC) may close a public school, as announced in the Provincial Gazette, if a primary school has 135 or fewer learners registered, and a secondary school has 200 or fewer learners registered.”


· What isn’t at first apparent is that this section does not mention reasons. It will be very difficult for a community to challenge the closure of a school if the MEC does not have to give reasons. A community cannot show that the reasons given are not valid if the MEC doesn’t have to provide them. This will also make legal challenges very difficult.


Clause 13 allows for the merger of schools. : “(2) Before merging two or more public schools, the Member of the Executive Council must — (a) give written notice to the schools in question, and to their governing bodies, of the intention to merge them and of the reasons therefor.”


The merger process does require “reasons” to be given so it is not as problematic as Clause 25 however, the proposed actions should be implemented to ensure a fair participation process.


Potential Impact of School Closures

  • Learners have to rely on dangerous and inconsistent school transport.

  • Disruption of local communities.

  • Job losses for educators working for School Governing Bodies (SGBs) and support staff.

  • Negative impact on local businesses.

  • Displacement of children from their communities.

  • Loss of interaction between the elderly and young people.


Proposed Actions

General

  • A national moratorium on school mergers and closures until:

    • BELA Bill becomes law and the changes mentioned below are incorporated to ensure a fair process.

    • New policies on school mergers and closures and rural education are developed.

  • Research into school closures, the impacts of school closures and alternative to schools closures and mergers needs to be conducted.

  • Research into multi-grade education and online support for micro-schools. The Minister of Basic Education has stated that “There are schools in the deep Eastern Cape that are using ICT as a tool for improving. We do find some of the small schools doing exceptionally well.” She mentioned that “25% of our schools are multigrade schooling and that’s why we are paying attention as to what more … we do” and “in the public sector there are pockets of excellence in Western Cape and Eastern Cape which we are following quite close and taking lessons from”. This begs the question why schools are being closed when ICT and multigrade can be combined to create “pockets of excellence”.

  • These policies should allow for school facilities that have been closed to be used by communities with preference given to educational institutions using them including independent educational institutions.

BELA Bill

To ensure proper consultation with communities, including traditional, church, and community leaders when proposing to close or merger schools the BELA Bill should incorporate clauses ensuring the following:

· A comprehensive Socio-Economic Impact Assessment before any school closure – Community input into this SEIA must be allowed.

· Learners must participate in the closure process. An independent report into their views must be produced. The office of a provincial child commissioner should produce this report but failing

· An independent appeal panel must be introduced that would review the MEC’s initial decision and forward a recommendation to the MEC for a final decision.

· The MEC should have the power to reopen any school.


Additional documentation and links:

· PCBE Meeting on Seekoegat - https://pmg.org.za/committee-meeting/34782/

· PCBE Meeting on Rural Education Policy and School Closure - https://pmg.org.za/committee-meeting/35472/


Disclosure:

LearnFree provided technical assistance and advice to Hon. Suker’s office and the community of Seekoegat.


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