Storm brewing over new school laws for South Africa
The second-largest party in the “Government of National Unity” (GNU) has warned that the future of the co-governing agreement is at risk if President Cyril Ramaphosa signs the Basic Education Laws Amendment (BELA) Bill into law this week.
The Presidency said that Ramaphosa will sign the BELA Bill into law on Friday, 13 September 2024.
In response, Democratic Alliance (DA) leader and Minister of Agriculture, John Steenhuisen said in a statement that the signing of the Bill in its current form will have “destructive implications” for the future of the GNU, as it would be “destroying the good faith on which it was based.”
“If [Ramaphosa] proceeds, despite the DA’s strong objections, he will violate both the letter and spirit of the joint Statement of Intent that forms the basis of the GNU,” said Steenhuisen.
The BELA Bill was first introduced by former Basic Education Minister Angie Motshekga in January 2022 and was passed by Parliament on 16 May 2024, mere days before the end of the sixth administration.
It amends sections of the South African Schools Act of 1996 and the Employment of Educators Act of 1998, with provisions in the revised Bill including:
- Allowing schools to determine and develop their own language and admission policies but giving the Department of Basic Education the final say;
- Regulating various aspects of school governing bodies;
- Making Grade R the new compulsory school-starting age;
- Criminalising parents who do not ensure their children are in school;
- Regulating home education;
- Confirming the ban on corporal punishment.
While some provisions have been widely welcomed—including expanding the definition of corporal punishment to protect children and criminalising some parental conduct—there are various parts of the Bill which still have many up in arms.
These are related to cracking the whip on School Governing Bodies (SGBs), language policies, and what is labelled as increasing and centralising the state’s power and control of education and schools.
Ramaphosa now leads a coalition government, the GNU comprising 10 parties formed after the ANC lost its majority in the May 2024 elections.
Parties part of the GNU but against the current version of the BELA Bill include the DA and Freedom Front Plus.
The DA said that “centralising power in the hands of unelected bureaucrats undermines the critical role of parents, educators, and local governing bodies in shaping the educational landscape of their communities.”
After the Bill was passed, the FF Plus said that “if the President signs this law, a full-blown legal battle will ensue [and] the poor consideration of public participation and certain flawed aspects of the Bill itself will most probably be challenged in the Constitutional Court.”
“If government does start implementing the law, an exodus from public schools will soon follow,” added the party.
With the bill sitting on Ramaphosa’s desk waiting for a signature to become law, the new Basic Education Minister, the DA’s Siviwe Gwarube, hoped to change the President’s mind on putting pen to paper before revisions are made.
Could be a GNU dealbreaker
“During the negotiations [for the formation of the GNU], the DA made it clear that the BELA Bill was unacceptable to us in its current form because it has constitutional implications for the right to mother-tongue education, amongst other issues,” said Steenhuisen.
Like Gwarube, the DA urged President Ramaphosa to send the Bill back to Parliament for a few amendments.
The DA leader and Agriculture Minister said that “despite this, and in violation of the provisions of the Statement of Intent, the President seems intent on pushing ahead unilaterally.”
He said that he has moved to meet with the President before Friday to re-iterate their objections “in the strongest terms,” submit the amendments proposed by the DA, and urge the President to use his powers to send the Bill back to Parliament.
“If the President continues to ride rough-shod over these objections, he is endangering the future of the Government of National Unity, and destroying the good faith on which it was based,” said Steenhuisen.
The DA said that the establishment of a dispute resolution mechanism “must now be a priority to ensure that all parties uphold both the letter and spirit of the Statement of Intent and that the ANC understands that they can no longer take unilateral action on issues that affect fundamental rights.”
It’s not what you think
While Ramaphosa has some urging him to drop the pen and send the Bill back to Parliament, many (most notably those within his own party) are calling on him to sign along the dotted line.
The BELA Bill is a brainchild of the ANC and features quite extensively in the outcomes of its most recent policy conference (2022).
The conference report states that “effective oversight of schools must be performed by ANC structures working with School Governing Bodies (SGBs) and the adoption of schools by ANC structures and leaders to ensure regular monitoring and support.”
It also said that it would do a “review of homeschooling,” and provide extensive “support for the BELA Bill and ensure ongoing mobilisation of communities.”
ANC Gauteng chairperson and provincial Premier Panyaza Lesufi used his recent response to the President’s Opening of Parliament speech to challenge Ramaphosa to ignore the naysayers and turn the Bill into law.
“My apologies to those who are partners in the Government of National Unity. Comrade President… I’m asking you politely and respectfully – sign that law,” said Lesufi in July.
“The law is simple – all our children must be in the same classroom and taught by the same teacher. What is wrong with that particular proposal? The language of teaching must incorporate all twelve languages… what’s wrong with that particular proposal?”
“Sign that law, we’ll debate later,” added Lesufi.
The Basic Education Deputy Minister, Dr Reginah Mhaule, shrugged off criticism by saying that the Bill does not hurt the sector but rather creates an inclusive, equitable, and efficient basic education system by harmonising SGBs with departments.
“It is a Bill that responds to the current needs in terms of the changing demographics of our communities, court findings, and our own observations as we monitor schools,” said Mhaule.
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