Discussions are still underway on the controversial clauses in the Basic Education Laws Amendment (Bela) Act. File Picture: Independent Newspapers Archives.
The burning issue surrounding the two controversial clauses in the Basic Education Laws Amendment (Bela) Act has taken another turn after Solidarity announced it had reached an agreement with the Minister of Basic Education.
This development has sparked a flurry of statements by President Cyril Ramaphosa, Deputy President Paul Mashatile, and DA federal chair Helen Zille regarding whether such an agreement has an effect on the implementation of the clauses.
While Ramaphosa signed the Bela Act into law in September this year, he delayed the implementation date for clauses 4 and 5 of the Bill by three months.
The clauses had raised concerns from various quarters - Clause 4 grants the Department of Basic Education greater control over a school’s admissions policy, while Clause 5 compels school governing bodies to submit their language policies to the provincial head of department for approval.
According to Solidarity, the agreement means the controversial sections in the BELA Act will no longer be implemented on December 13.
“Norms and standards and national policies and regulations must first be developed, which will, among other things, determine that schools running at full capacity may not receive instructions to change their language and admission policies.
“With regard to language and admission policy, the school’s immediate environment and/or its feeding zone, and not the larger education district, must be taken into account,” it said.
In light of the statements regarding the agreement, Dr Dirk Hermann, Solidarity’s chief executive said: “The agreement between Solidarity and the government on Bela stands firm. Despite some openly protesting, the agreement between Solidarity and the government stands firm. The agreement was signed by Solidarity, the Ministry of Basic Education and the Presidency.”
Basic Education Minister Siviwe Gwarube emphasised that while she will fulfil her constitutional duties related to the Act, it was ultimately the President who will make the final decision regarding its implementation.
A spokesperson for the minister, Lukhanyo Vangqa, highlighted that the presentation of the agreement is not merely a matter between Solidarity and the minister but also involves the presidency.
“It is essential to clarify that the process initiated by the Solidarity trade union at NEDLAC (National Economic Development and Labour Council) is a legal procedure designed to resolve disputes between labour and government and should not be mistaken for the consultations currently under way among other parties.”
“The Minister will fulfil all her obligations towards Bela. This includes implementing the clauses that have been signed into law, making recommendations to the President on the commencement of Clauses 4 and 5 as per the NEDLAC agreement, and drafting the necessary policies, norms, standards, and regulations for the implementation of Bela. But ultimately, it is the President who makes the final decision on Bela.”
A statement issued by the presidency yesterday on behalf of Ramaphosa said the agreement between the Minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions that are under way on clauses 4 and 5 of the Act.
“President Ramaphosa reiterates his commitment to the undertaking he made when he signed the Bill on 13 September 2024 to give the parties three months to submit proposals on sections 4 and 5. The President therefore awaits the outcome of those deliberations.
“Furthermore, the agreement bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act.”
The South African Democratic Teachers’ Union (SADTU) rejected the bilateral agreement reached at NEDLAC.
The union called on all Members of the Executive Councils (MECs) to convene a press conference to denounce this agreement, which they deemed racist, and to announce plans for the immediate implementation of the Act.
The office of Deputy President Paul Mashatile also weighed in on the matter.
He said the process (agreement reached between DBE and Solidarity) is outside the sanctioned process of the ad-hoc Clearing House Committee set up by the Cabinet. The GNU and its representative parties are still engaged in a process that will be finalised soon.
DA federal chair Helen Zille expressed concern about the view expressed by Mashatile's office and called for the agreement to be honoured.
“Now that the Presidency, the DBE and Solidarity have reached and signed an agreement, it is incumbent on everyone to respect the outcome of a statutory process and not seek to undermine it for party political purposes.
“In particular, it is incumbent on the Presidency to uphold an agreement it was a party to,” she said.
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