President Cyril Ramaphosa is to sign a proclamation on Friday to bring the controversial Basic Education Laws Amendment (Bela) Act into immediate effect.
This is despite strong opposition expressed previously by the DA, one of the key partners in the government of national unity (GNU). Opposition has been based on the erosion of powers of school governing bodies over admission and language policy.
“I have instructed the minister of basic education [Siviwe Gwarube] to see to the full implementation of the Bela Act,” Ramaphosa said in a statement.
He said the parties represented in the clearing house — a mechanism established to deal with differences in the GNU — agreed in their final report that the act should not be sent back to parliament to make changes to the contentious sections.
“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,” the president said.
Ramaphosa signed the act into law in September, but delayed its implementation pending the outcome of deliberations on the contentious clauses.
“At the time that I assented to the Bela bill, I noted that a number of parties to the GNU and other key role players in our country had expressed their wish to further engage each other on sections of the bill that deal with issues of admission and language.
“I said that while I had assented to the bill, in the spirit of co-operation and meaningful engagement, I would delay the implementation date of the Bela act in totality by three months.
“This would give the parties time to deliberate on these issues and make proposals on how the divergent views may be accommodated.
“I also said should the parties not agree on an approach at the end of the three-month period, I would then direct the minister and the department to proceed with the implementation of the act.
“Over the last three months, discussions have been held with a view to 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 GNU clearing house mechanism. This is the structure which brings together the parties to the GNU and other parties represented in parliament to deal with contentious issues and thereafter report to the leaders of the political parties represented in the GNU.
“In their final report, the parties agreed that the Bela 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.”
Ramaphosa said he had instructed Gwarube to do what was necessary to ensure the time frame 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 were 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,” he said.
Ramaphosa stressed that the act was vital to the transformation of the education system and to build a system that was more effective and more equitable in line with the precepts of our constitution.
He said the Bela act enacted measures that strengthened the ability of schools to give effect to constitutional rights. In the application of this law, no language must be diminished. “Rather, we must work to ensure that all official languages are valued and promoted.”
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