The Federation of Governing Bodies of South African Schools (FEDSAS) earlier this year indicated that the organisation views the amended version of the Basic Education Laws Amendment Bill (BELAB) as feasible with clear rules of engagement.

“I can say with authority that FEDSAS has a thorough understanding of this legislation. The organisation has been involved with the processes since before the first publication. We participated in all 26 of the portfolio committee’s public participation sessions and in 37 of the provincial sessions. FEDSAS made presentations in Parliament and participated in several meetings,” says Dr Jaco Deacon, CEO of FEDSAS. 

“It is understandable that schools and governing bodies have a lot of concerns. Change brings uncertainty but also opportunities. Over the years, FEDSAS has proven that assisting governing bodies with navigating uncertainty is one of the organisation’s strongest suits. Our approach to the changes that BELAB will bring is to provide proper training but also to fight for our members’ rights, which includes legal action when necessary.” 

 FEDSAS’s education law expertise and especially the organisation’s support to school governing bodies is recognised internationally. “At FEDSAS we adapt to achieve, not to survive. We are proactive, with BELAB training programmes already available. Our legal team has studied the legislation and is prepared for possible consequences.” 

Deacon says success in the 21^st century requires adaptability. “We teach our children that success is determined by how we adapt to new and unpredictable situations. Now we have an opportunity to demonstrate this ability.”

Adaptability is not resignation. “We are satisfied that SGBs will still be able to fulfil their obligations. Through FEDSAS’s country-wide footprint we know the difference between education at grassroots-level and education in the halls of Parliament. We are on high alert for any unlawful actions by government officials and will act immediately. FEDSAS has never hesitated to approach the court when the need arises. We reserve the right to challenge the provisions of BELAB should it be necessary.”

 Deacon says SGBs should know that provincial heads of education have not been granted unlimited power all of a sudden. “Especially where language and admissions policies are concerned, there are several requirements that must be met before departments can change school policies. In terms of the capacity of schools, a process is already underway to draw up regulations, and FEDSAS forms part of this process. A school cannot simply be ordered to adapt its language policy and to take in additional learners. And if it does happen, the FEDSAS legal team is fully prepared.”

FEDSAS is calling on the Minister of Basic Education to prioritise BELAB training for officials to prevent abuse of power and bullying of schools and staff.

Deacon says FEDSAS is disappointed that the President did not favourably consider the organisation’s petition for further changes to the draft legislation. “We would prefer that the cooperative model be strengthened rather than watered down. Getting input from the Government of National Unit is an excellent opportunity for cooperation and we request that the President urgently considers this option.” 

“Once signed into law, BELAB will be a reality. The role of competent and properly trained SGBs is more important than ever. FEDSAS has a comprehensive training portfolio which is already ‘BELAB ready’, as is our legal team. Our core business remains our commitment to our members and ultimately to the support of quality education for all the children of South Africa.”