President Cyril Ramaphosa has authorised the full implementation of the Basic Education Laws Amendment (BELA) Act, bringing to a close a period of intense political debate and contention within the Government of National Unity (GNU).
The decision, announced on Friday, 13 December, marks the end of a three-month delay imposed by the president himself following the act's signing in September.
The BELA Act, while intended to improve South Africa's education system, had sparked significant controversy, particularly concerning clauses 4 and 5. Clause 4 grants the Department of Basic Education greater control over admissions policies, while clause 5 requires school governing bodies to submit their language policies to the provincial head of department for approval.
These clauses drew strong opposition from various organisations, including the Democratic Alliance (DA), AfriForum, Suid-Afrikaanse Onderwysunie, and the Federation of Governing Bodies of South African Schools. Concerns were raised that these clauses centralised power, potentially undermining school autonomy and community involvement in decision-making.
The initial signing ceremony in September saw President Ramaphosa announce a three-month delay in implementing these contentious clauses. This delay, he explained, was to allow for further deliberation and consideration of diverse viewpoints within the newly formed GNU.
The delay also followed a boycott of the signing ceremony by Basic Education Minister Siviwe Gwarube, a member of the DA, who publicly voiced her opposition to the act and called for its reconsideration by Parliament. In a statement released before the ceremony, Gwarube stated: "I remain opposed to the act and had asked Ramaphosa to refer it back to Parliament for reconsideration in terms of Section 79 of the Constitution."
The decision to fully implement the BELA Act without amendments came after a series of meetings within the GNU's "clearing house" mechanism, established to address policy disagreements.
President Ramaphosa explained the outcome in a statement: “Over the last three months, discussions have been held with a view of reaching consensus on these outstanding clauses of the BELA Act…In (the clearing house) 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.”
Despite the DA's previous opposition to the contentious clauses, the party now supports the full implementation of the act.
DA leader John Steenhuisen described the outcome as a "win-win compromise," stating: “We have full confidence in Minister Gwarube’s ability to introduce fit-for-purpose guidelines that will protect school autonomy from subversion…The President’s announcement that the BELA Act be implemented in full was accepted by all the parties involved in the Task Team (DA, FF-Plus, GOOD and ANC) on condition that Gwarube issues norms, standards and regulations to govern the implementation of the contested sections of the Act…This has been a gruelling process, but this outcome has illustrated that the conflict resolutions of the GNU can work if parties show the necessary goodwill.”
The responsibility for developing the necessary regulations and norms and standards now falls on Minister Gwarube. President Ramaphosa instructed her to ensure the timely implementation of the act, particularly regarding the preparedness of the system for universal Grade R access. He further emphasised that all bodies and officials involved in the implementation must adhere to the Constitution, the law, and relevant policies and regulations.
In his statement, Ramaphosa highlighted the constitutional basis for the act: "The Bill of Rights guarantees the right of every person to equality. It guarantees the right of every person to receive a basic education…Importantly, the Constitution says that every person has the right to receive education in the official language or languages of their choice where reasonably practicable."
He stressed the importance of ensuring that all twelve official languages are valued and promoted in the application of the law.
The full implementation of the BELA Act concludes a significant chapter in the GNU's early days, demonstrating both the challenges and potential for compromise within the coalition government. The focus now shifts to the development of regulations by Minister Gwarube, which will play a crucial role in shaping the practical application of the act and addressing the concerns raised by various stakeholders.
The success of the implementation will depend heavily on the effectiveness of these regulations in balancing the aims of the act with the need to protect school autonomy and community participation.
