Despite threats and grumblings by the DA, one of his Government of National Unity (GNU) partners, President Cyril Ramaphosa has fully signed the Basic Education Laws Amendment Act (BELA) into law.
In a statement released by the Presidency on Friday, December 20, Ramaphosa said he signed the new law and instructed Basic Education Minister and DA member Siviwe Gwarube to implement the BELA Act fully.
The first part of the act was signed in September this year, but two portions of it were left unsigned pending consultations with parties opposed to it.
The two parts were about the powers of school governing bodies (SGBs) to determine the language policy of a school and to have those powers conferred to the head of the provincial Department of Education
The other issue was around admission policies of public schools.
The DA was opposed to that on the basis that it smacked of interference and it would render functional schools dysfunctional. It argued that the government should focus on fixing underperforming schools.
When Ramaphosa signed the first part, Gwarube did not attend the signing ceremony at the Union Buildings in Pretoria, sparking calls for her to be fired. The DA dared Ramaphosa, saying doing so would collapse the GNU because the BELA Act was a red line.
After being under pressure from the ANC and its leaders like Panyaza Lesufi, the premier of Gauteng and SADTU, a teachers’ union affiliated to the governing party’s alliance partner COSATU, Ramaphosa announced that he had signed the full act into law.
“Over the last three months, discussions have been held with a view of reaching consensus on these outstanding clauses of the BELA Act. Various formations outside of government have also made representations, both for and against the relevant sections.
“Last week, I received a report from the Government of National Unity ‘clearing house’ mechanism. This is the structure which brings together the parties to the Government of National Unity and other parties represented in Parliament to deal with contentious issues and thereafter report to the leaders of the political parties represented in the Government of National Unity. In their final report, the parties agreed that the Basic Education Laws Amendment Act should not be sent back to Parliament to make changes to the sections that were in contention. The GNU clearing house participants agreed that the Act be fully implemented. This view was endorsed by the leaders of the parties to the GNU in a meeting I held with them today. I accordingly advised them that I would proceed to sign a Presidential Proclamation to bring the Basic Education Laws Amendment Act into operation from today,” Ramaphosa said.
Ramaphosa said he had instructed Gwarube to oversee the full implementation of the law.
“I have also instructed the Minister to do what is necessary, as is customary with any law, to ensure that the timeframe of implementation – particularly with regard to the preparedness of the system for universal Grade R access – and the consequential regulations setting out the norms and standards are prepared.
“All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law and the relevant policies and regulations.”
In a statement after the bill was signed, the Leader of the DA, John Steenhuisen said his party is satisfied that BELA Act implementation is being subjected to rational regulations, norms and standards.
“The outcome of the negotiations in the Clearing House Mechanism’s task team is a win-win compromise that enables the BELA Act to be implemented without undermining existing constitutional rights to mother tongue education.
“Crucially, the President’s announcement on the implementation of the BELA Act makes it clear that the Minister of Basic Education, the DA’s Siviwe Gwarube, is now tasked with developing regulations as well as norms and standards that will govern the Act, including contentious sections around language and admissions,” Steenhuisen said.
