At a recent ANC event in Thabazimbi, Limpopo, President Cyril Ramaphosa addressed ongoing concerns surrounding the Basic Education Laws Amendment (Bela) Act.
Speaking to the media, he reiterated his commitment to ensuring that the controversial provisions of the act, particularly those dealing with admissions and language policies, are resolved in a credible and inclusive manner.
“The issue of the Bela Act, which I issued a statement about earlier today, is a matter that’s being handled, but in the end, the president has signed the bill and I’ve given three months for solutions to be found. Those solutions have to be credible. They have to be solutions that everyone buys into,” said Ramaphosa.
The Bela Act, passed by parliament on October 26 2023, was signed into law by Ramaphosa on September 13 this year.
However, the implementation of sections 4 and 5 of the act, which have sparked significant debate, was delayed by three months to allow further discussions between stakeholders.
These sections address the contentious issues of school admissions and language policies, which have raised concerns among various groups, including the union Solidarity and other interested parties.
Ramaphosa stressed that the opportunity for dialogue should not be abused or diverted. “In having given people an opportunity to find solutions, that should never be abused. It should never be diverted. It should never be downplayed,” he said.
The president made it clear that time is running out, with the deadline set for December 31.
“Come December 31, there’s no solution. What I signed into law is activated, so there must therefore be a rush to finalise that in a credible way. In a way that has integrity, that has credibility and that is broadly accepted by everyone,” said Ramaphosa.
On November 28, minister of basic education Siviwe Gwarube announced that she had reached an agreement with Solidarity regarding the implementation of the Bela Act. Solidarity, however, represents just one of many groups involved in the discussions.
Ramaphosa’s spokesperson, Vincent Magwenya, clarified that the agreement between the minister and Solidarity would not affect the broader multiparty discussions under way on sections 4 and 5 of the act.
“The agreement between the minister and Solidarity has no bearing — in law or practical effect — on the inclusive multiparty discussions that are under way on sections 4 and 5 of the act,” said Magwenya.
Magwenya emphasised that the agreement would not influence the president’s decision regarding the commencement of the act.
“The president reiterates his commitment to the undertaking he made when he signed the bill on September 13 to give the parties three months to submit proposals on sections 4 and 5. The president therefore awaits the outcome of those deliberations.”
Despite the ongoing negotiations, the Bela Act remains law, and the minister of basic education is expected to proceed with its implementation, excluding the disputed sections.
“The Bela Act was duly passed by parliament and assented to by the president. It is now law. The minister of basic education is enjoined to work towards its implementation, sections 4 and 5 aside,” said Magwenya,
The next steps will involve determining the commencement date of the act and finalising the necessary regulations. Magwenya assured that these actions would occur without undue delay, in accordance with the constitution and the law.
“The president is bound by the constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners,” said Magwenya.
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