PRETORIA – The signing of the Basic Education Laws Amendment (BELA) Act into law by President Cyril Ramaphosa on 13 September has ignited a firestorm of controversy, casting a shadow over the already fragile Government of National Unity (GNU).
The Bill, which has been at the centre of debate since its introduction, has become the first piece of contested legislation under the GNU, raising questions about its future.
The BELA Act, which amends sections of the South African Schools and the Employment of Educators Acts, aims to address administrative challenges facing schools and continue the transformation agenda of the education system, according to Deputy Minister of Basic Education Dr Reginah Mhaule.
The Act's most contentious clauses, those relating to language and admission policies, have drawn fierce criticism from the Democratic Alliance (DA) and the Freedom Front Plus (FF Plus), who argue that they impede on the right to mother-tongue education, particularly in Afrikaans-medium schools.
The DA, which initially threatened to withdraw from the GNU if the Bill was signed, has since backtracked, with leader John Steenhuisen stating that the signing wouldn't necessarily collapse the government. However, the party remains deeply concerned about the Act's implications.
"This means that if there is no agreement, the ANC will proceed with implementing the clauses that empower provincial departments to override school governing bodies," said Steenhuisen.
The FF Plus, meanwhile, has vowed to use its influence within the GNU to remedy the "objectionable sections" of the law, ensuring the right to mother-tongue education for all.
President Ramaphosa, however, maintains that the Act is about "equitable access" and that it is constitutionally sound.
"We have seen cases of learners being denied admission to schools because of their language [and admission] policies," he said at the signing.
To address the concerns raised, Ramaphosa has granted a three-month reprieve, delaying the implementation of the contentious clauses to allow concerned parties to propose changes. The rest of the Bill will be implemented in the meantime.
"I cannot guarantee that the parties that have requested timeout to engage will reach agreement on every difficult issue, but we need to make every effort to find common ground," said Ramaphosa.
"Should the parties not be able to agree on an approach, then we will proceed with the implementation of these parts of the Bill."
The Western Cape MEC of Education, David Maynier, remains unconvinced, expressing concerns about the Act's constitutionality and its impact on school admissions and language policies. He has also criticised the National Assembly's public participation process and the costing of compulsory Grade R, arguing that provinces lack funding and face financial strain.
"The Bill is flawed, highly controversial, and not constitutionally sound, and the Bill should have been referred back to the National Assembly [and] we are taking legal advice to prevent the negative impact the Bill will have on learners in the Western Cape," said Maynier.
The BELA Act has undoubtedly shaken the GNU, but parties have insisted that it does not signal the end of the coalition government.
"While I do not wish to comment directly on the Bela Bill, I wish to express that what is happening will affect the GNU… But it will not end it [GNU],” said DA Federal Chairperson Helen Zille.
"The FF Plus will, as in this case, continue to leverage its position in the GNU," said Groenewald.
President Ramaphosa, in his weekly newsletter following the signing, expressed his unwavering belief in the GNU's importance and its ability to thrive.
"I am even more convinced that the GNU is essential for the growth and development of the country [and] convinced that the GNU will not only survive, but that it will thrive."
