Need to know more about KZN Regulations. This information sheet with key facts is for you.
• KZN is one of two provinces that have home education regulations (the other is the North West).
• These regulations have force of law in KZN.
• The regulations are entitled “Regulations relating to the Registration of Learners to receive Education at Home and matters related thereto.” Published in PN 341 of 13 September 2001: (Provincial Gazette No. 6053). They are issued in terms of section 72 of the KwaZulu-Natal School Education Act, 1996 (Act No. 3 of 1996).
• These regulations will remain in force even if BELA Bill becomes law.
• Under the Regulations:
1) Home visits during school hours are allowed. Home visits were removed from the BELA Bill but would remain in force in KZN.
2) You are required to have a “liaison school”.
3) The liaison school must evaluate the home educated learner quarterly.
4) The liaison school can charge a fee to provide this service.
5) Home education must take place during school hours, and much more ….
• Currently, KZN officials are ignoring these regulations and implementing the Policy on Home Education.
• The practical situation is that the KZN DoE ignores the regulations, albeit illegally, and implements the Policy on Home Education as if it was law. This places the parent in the invidious position that if they wish to be registered, they have to violate the regulations and follow the policy.
• Socio-Economic Impact Assessment is flawed as it does not consider the existence of the KZN Regulations. The SEIA Guidelines state “They [policy makers] must also take into consideration that policies, legislation and regulations may have an impact on concurrent functions.”(p.6) KZN regulations are issued as part of a concurrent function of the KZN Province i.e., making laws and regulations. This is speaking in broad terms but it is a common sense fact that when you assess a legislative impact you consider the existing laws and regulations.
• BELA Bill will add another layer of complexity to registration in the KZN unless the North West Regulations are abrogated. Where a provision in the BELA Bill conflicts with a provision in the Regulations the BELA Bill will take precedence. e.g., The proposed Section 51(8) of the BELA Bill requires a single registration and then notification of the intention to continue home educating at the end of a phase. Regulation 4(2). Of the KZN Regulations however requires registration per phase.
• Where there is no conflict between the BELA Bill and the regulations parents in the KZN are going to be legally required to comply with both BELA Bill and the regulations.
• A parent and for that matter an official will have to navigate this confusing maze of law, regulation, and policy.
• Ordinary citizens and officials will have to decide when the BELA Bill overrides the regulations, when both the BELA Bill and the regulations are in force and comply with both with BELA Bill and KZN regulations.
• This will become even more complex when national Regulations are promulgated. The national Minister has asked for the authority to issue such regulations in Section 51(16) of the proposed Bill.
• The Regulations should be abrogated (withdrawn by the MEC). If not, not only will home schoolers and officials face confusion but technically lawlike Regulations will still be enforce.