President Cyril Ramaphosa has officially signed all sections of the Basic Education Laws Amendment (Bela) Act into law with the approval of parties within the government of national unity (GNU) following a three-month consultation period.
Ramaphosa did so despite earlier attempts by the Democratic Alliance and trade union Solidarity to prevent the implementation of two contentious clauses of the Act.
“The GNU clearing house participants agreed that the Act should be fully implemented. This view was endorsed by the leaders of the parties to the GNU in a meeting I held with them,” Ramaphosa said.
“I accordingly advised them that I would proceed to sign a presidential proclamation to bring the Basic Education Law Amendment Act, the BelaAct, into operation,” Ramaphosa said.
The Act, one of the most significant changes in education law since the dawn of democracy, was initially signed into law by Ramaphosa on September 13. He its implementation was delayed by three months to allow for further discussions on sections 4 and 5 of the Act.
Section 4 of the Bela bill gives the department of basic education greater control over admissions policy. In contrast, section 5 compels the school governing body to submit the school’s language policy to the provincial head of department for approval.
The Act, opposed by the DA and Solidarity since its draft proposal, accused the ANC of “violating the constitutional rights of parents and governing bodies in functional schools”.
The Bela Act suggests strengthening oversight of school governing bodies.
To reach a consensus on the Act, a clearing house Mechanism task team was established with GNU members – DA, FF-Plus, GOOD and the ANC.
Following the final sign off of the Act, the DA’s John Steenhuisen said the party is “satisfied” with the outcome of the negotiations.
Steenhuisen said the process agreed upon was a “a win-win compromise that enables the Bela Act to be implemented without undermining existing constitutional rights to mother tongue education.”
However, the DA “remains determined to defend the existing right to mother-tongue education and expand it to increasing numbers of learners in South Africa”.
In a statement, basic education minister Siviwe Gwarube confirmed that her department will implement the Act with the “support of the national regulations, policy and standards [document which will be] developed, publicly scrutinised and finalised in the best interest of the learner.”
Once the document is drafted there will be a public participation process before implementing the Act.
The Bill was passed in the National Assembly on 16 May 2024, with 223 votes in favour and 78 votes against.
The Act introduces grade R as the new compulsory school-starting age; upholds undocumented children’s right to basic education; enhances the role of oversight by the head of the department and reaffirms the illegality of corporal punishment.
The bill also calls for jail time — from six to 12 months — for anyone who prevents a child from attending school without good reason.
