In a recent video, Reyno de Beer, President of  Liberty Fighters Network argues that home educators have no reason to fear the BELA Act.

Firstly, he suggests that government is reasonable and pragmatic, acknowledging that the school system cannot accommodate all children. He argues that government appreciates home education for alleviating this burden. Therefore, he asserts that the intention of Clause 35 in the BELA Act is to provide greater clarity and encourage home education.

Secondly, he argues that it is extremely difficult to criminally prosecute parents who have a valid reason for not sending their children to school. This point holds merit, as legal and administrative challenges often make enforcement complex. 

However, there is little indication that government intends to actively encourage home education. Instead, policy trends tend to favor increased regulation rather than promotion.

IMPLICATIONS OF CLAUSE 35

Clause 35 gives the minister power to make regulations on home education and prohibits it without permission from the provincial head of department (HOD). While it technically allows education at home, this is only permitted under government defined conditions, effectively giving the state significant control over home education.

Clause 35 also uses vague terms that can be broadly interpreted. A reasonable and pragmatic government might interpret these terms in a way that grants parents sufficient freedom, thereby encouraging home education. However, a government influenced by teacher unions and inspired by Marxist ideology could interpret these terms in a way that deters parents from choosing home education. Ultimately whether Clause 35 is seen as beneficial or harmful to home education depends on one’s trust in government.

WHAT TYPE OF GOVERNMENT DOES SOUTH AFRICA HAVE?

According to the report "The Silent Crisis" by the Centre for Development and Enterprise “SADTU’s cadre deployment acts as a major barrier to the effective functioning of the education system.” As a result, South Africa's education departments are heavily influenced by unions. Since home education reduces the demand for teachers, it is perceived as a threat to both teaching positions and the power of the union.

Unions, along with individuals in ANC structures, have generally not been supportive of home education. During a public hearing on the BELA Bill at Kanyamazane on 18 March 2023, Pumelele Mugwena, Branch Secretary of the ANC in Ward 121 stated: “I think that the bill is correct on restricting the question of homeschooling, because this type of thing undermines the education system of our country or it casts some sort of doubt to the education system. As if it does not have a value in whatever form. The education system of our country we believe that it does instill values in our learners, so therefore we have full confidence in the education system of our country. We should restrict this idea of homeschooling.”

In response to a parliamentary question in 2012, the minister of basic education Angie Motshekga stated: "… a review of this law and policy with the view of providing for Home Education as part of the formal schooling system." This suggests that the stated intention of the BELA Act is to make home education part of the government controlled school system.

During a 2020 roundtable on Home Education it was reported that the deputy minister of education Dr MR Mhaule “thanked parents who dedicate themselves to their children’s academic progress and cautioned the wrong parents who would lead to the disastrous education results of their children in which children would suffer." During the same roundtable the minister cited the "Benoni case which could have been avoided where parents locked the children up, and the State had to account for that."

The attempt to integrate home education into the government-controlled school system is often justified by portraying parents as incompetent or abusive. This reasoning appears to align with ideas expressed in The Communist Manifesto by Karl Marx, which states: “Do you charge us with wanting to stop the exploitation of children by their parents? To this crime we plead guilty. But, you say, we destroy the most hallowed of relations when we replace home education by social.”

Given these factors, there is a strong case that the education department is influenced by unions and inspired by Marxist ideology. The BELA Act empowers government to bring home education under state control with the aim to restrict it.

BUT WHAT ABOUT THE GOVERNMENT OF NATIONAL UNITY?

Some hope that the government of national unity will not use its power to control and restrict home education, particularly because the current minister of basic education is of the Democratic Alliance (DA). While the DA might be less influenced by unions or inspired by Marxist ideology, they share the view that home education must be controlled and restricted by a capable state. The BELA Act is based on the Home Education Policy of 2018, which was fully endorsed by then DA MEC of Education of the Western Cape, Debbie Schafer. Furthermore The DA lead Western Cape not only supported Clause 35 in the Council of Provinces, but even proposed additional restrictive conditions.

CONCLUSION

There is little reason to believe that Clause 35 was written by a reasonable and pragmatic government with the intention to encourage home education. Instead, the evidence suggests that it’s primary goal is to control and restrict home education.

Since the Western Cape government is more efficient than the rest of the country, and its leadership openly supported stricter regulation of home education, this province can become particularly challenging for home educators.

Given the intent behind the BELA Act, parents in the Western Cape should think twice before applying to register for home education. With the Act centralizing power on a national level and semigration worsening school overcrowding in the province, homeschool organizations should collaborate to develop practical solutions within the existing legislative framework to ensure that home education can still flourish.