New school laws for South Africa – what it means for the GNU
The signing of the Basic Education Laws Amendment (BELA) Act in its current form has drawn mixed responses regarding its impact on the Government of National Unity (GNU).
President Cyril Ramaphosa signed the BELA Bill into law at the Union Buildings in Pretoria on 13 September.
However, the “implementation of the Act’s contentious clauses relating to language and admission will be delayed by three months to allow concerned parties to propose changes.”
The rest of the Bill – which was passed by the National Assembly just ahead of the elections with 223 votes in favour of it and 78 against – will be implemented in the meantime.
The signing ceremony had notable absences of the attendance of the Basic Education Minister, Siviwe Gwarube and the Western Cape MEC of Education, David Maynier, both from the Democratic Alliance (DA).
The Bill, which has been at the centre of debate in the South African education and political scene since its introduction, is the first piece of contested legislation under the GNU.
The President shrugged off public calls from GNU members, the DA and Freedom Front Plus (FF Plus) to send the Bill back to Parliament for further deliberations.
Prior to the signing, the DA said that putting pen to paper would “put the GNU at risk,” largely due to contentions around clauses relating to language and admission policies.
However, the party has since backtracked on this position, with leader John Steenhuisen saying that signing the BELA wouldn’t necessarily collapse the government.
Changes in effect
Broadly, the Bill amends sections of the South African Schools and the Employment of Educators Acts.
Deputy Minister of Basic Education Dr Reginah Mhaule says that this is to “respond to administrative challenges facing schools and to continue with the transformation agenda of the education system… to reflect the changing demographics of communities.”
Looking at one of the biggest points of contention in the Act, School Governing Bodies (SGBs) maintain authority over school’s language and admissions policies, however it is subject to the Head of Department’s approval given that the process is “fair” and reflective of the “changing demographics of communities.”
The DA and the FF Plus argue that it “impedes on the right to mother-tongue education,” particularly in Afrikaans-medium schools.
Ramaphosa denied this and said that it is rather about “equitable access.”
“We have seen cases of learners being denied admission to schools because of their language [and admission] policies,” the President said at the signing.
In terms of its Constitutionality, he believed that it ticked all the boxes, and if there were issues, the Constitutional Court would shut it down.
“Once a Bill has been passed by Parliament, the President must either assent to the Bill or, if they have reservations about its constitutionality, refer it back to Parliament,” said Ramaphosa.
After considering submissions, he “had no such reservations about the BELA Bill [and] the Constitution obliged [him] to assent to it.”
Regarding the next three months, Ramaphosa said that he “cannot guarantee that the parties that have requested timeout to engage will reach agreement on every difficult issue, but we need to make every effort to find common ground.”
“Should the parties not be able to agree on an approach, then we will proceed with the implementation of these parts of the Bill,” explained the President.
Not yet convinced
Western Cape MEC David Maynier criticised the laws, citing concerns about their constitutionality and their impact on school admissions and language policies.
He claimed that the National Assembly’s public participation process had flaws and that the costing of compulsory Grade R was problematic, noting that provinces lack funding and face financial strain.
“The Bill is flawed, highly controversial, and not constitutionally sound, and the Bill should have been referred back to the National Assembly [and] we are taking legal advice to prevent the negative impact the Bill will have on learners in the Western Cape,” said Maynier.
Following the announcements of a three-month delay, the DA published a statement highlighting doubts.
“This means that if there is no agreement, the ANC will proceed with implementing the clauses that empower provincial departments to override school governing bodies,” said Steenhuisen.
Steenhuisen said that they welcome this move for further consultation if it is “serious about seeking a solution,” but “if this is just a delaying tactic to defuse opposition before implementing the clauses at a later point, then we will continue to fight this Bill with everything we have got, including in the courts.”
FF Plus leader Pieter Groenewald said that “during the next three months’ consultation process, the party will also use its influence as a partner in the GNU to remedy the objectionable sections of the law for the sake of everyone’s right to mother-tongue education.”
While the Bill is said to shake the GNU, parties say it does not mean its end.
“While I do not wish to comment directly on the Bela Bill, I wish to express that what is happening will affect the GNU… But it will not end it [GNU],” said DA Federal Chairperson Helen Zille.
“The FF Plus will, as in this case, continue to leverage its position in the GNU,” said Groenewald.
Ramaphosa said in his weekly newsletter following the signing that he is “even more convinced that the GNU is essential for the growth and development of the country [and] convinced that the GNU will not only survive, but that it will thrive.”
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