Storm brewing over new school laws for South Africa

President Cyril Ramaphosa has clarified that the recently signed agreement between the Minister of Basic Education and Solidarity regarding two contentious clauses of the Basic Education Laws Amendment (BELA) Act “has no bearing.”

The President said that the agreement does not impact his constitutional authority to determine when the Act’s provisions come into force.  

The now BELA Act was passed by the 6th Parliament on 26 October 2023 and signed into law on 13 September 2024.

The laws have long received opposition from a host of organisations, including Solidarity, AfriForum and, GNU partners the DA and VF Plus.

At the signing of the Bill, Ramaphosa announced that the implementation of clauses 4 and 5—the two contentious provisions related to language and admission policies that have caused upheaval among political parties— would be delayed by three months for further consultation.

Clause 4 expands the education department’s control over school admissions, requiring schools to enrol and educate children even if they lack the proper documentation.

Clause 5 mandates that school governing bodies submit their language policies, including any updates, for approval by the provincial head of the department, which would take into account the area’s broader demographics.

Proponents argue that it rather seeks to promote “inclusivity” and “equity” in schools.

However, (very broadly) opponents argue that certain clauses centralise decision-making, undermining the autonomy and effectiveness of school governing bodies and the potential marginalisation of Afrikaans-speaking schools.

“The decision [to delay the implementation of these clauses] was to afford parties time to deliberate on the issues of admission and language policy contained in the two sections and to submit proposals on how the disputed elements in the sections will be resolved,” said Ramaphosa.

On 28 November, the Minister of Basic Education Siviwe Gwarube announced that she had signed an agreement with Solidarity and a representative from the Presidency at the National Economic Development and Labour Council (Nedlac) over these clauses.

The agreement saw that the Minister would recommend to Ramaphosa that the contested sections of the Act should not be implemented on 13 December 2024.

Instead, it proposes that norms and standards must first be developed to determine language and admission policies, taking into account schools’ capacity and local contexts.

The settlement also said that it opens the door for future legislative amendments and further discussions on mother tongue education.

Gwarube added a disclaimer that the agreement with Solidarity did not “in any way serve as a substitute for the consultations that are currently under way” on the Act between coalition partners in the cabinet clearing house.“

It has ‘no bearing‘, says President

Over the weekend, the Presidency released a statement pushing back against the discussed implications of the agreement.

“The agreement between the Minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions that are underway on sections 4 and 5 of the Act,” said Ramaphosa’s spokesperson, Vincent Magwenya.

“Furthermore, the agreement bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act,” he added.

Magwenya said that the President remains committed to allowing interested parties three months to submit proposals on sections 4 and 5 and awaits the outcome of those deliberations. 

“It is worth noting that Solidarity is just one among many interested parties in the matter,” he added, noting that the BELA Act was passed by Parliament and assented to by the President.

“It is now law, [thus] the Minister of Basic Education is enjoined to work towards its implementation, sections 4 and 5 aside,” said the Presidency.

The next step is for Ramaphosa to determine the date of commencement and for the necessary regulations to be finalised.

The Presidency said that “this will be done without undue delay.”

“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.

The issue has exposed growing pains of the GNU.

Deputy President Paul Mashatile accused Gwarube of bad faith for seeking President Ramaphosa’s delay of contentious BELA clauses, citing her involvement of only one GNU party in Nedlac discussions.

The ANC supported Mashatile, accusing the DA of trying to bypass processes and preserve “apartheid-era standards” in education.

The DA dismissed Mashatile and the ANC’s claims, alleging that they were attempting to undermine Gwarube’s role as a cabinet member.

Gwarube, in a statement, said that every child had a constitutional right to be taught in their mother tongue where possible.

​​”The parties have reached an understanding of how concerns relating to sections 4 and 5 of the BELA Act may be addressed,” she said. “This validates my long-held view that dialogue is the best remedy for conflict resolution.”

DA Federal Chairperson Helen Zille called the objections to the agreement “pure political posturing that undermines institutions designed to solve problems through negotiation and prevent conflict.”

“For our part, the DA welcomes the fact that a constructive solution was negotiated to the BELA crisis in a forum that did not involve political parties, and we support the outcome of this process,” she added.

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