The law dividing the GNU – and the clock is ticking

The two largest parties in South Africa’s so-called Government of National Unity (GNU), the African National Congress (ANC) and the Democratic Alliance (DA), are at odds over impending new school laws.

With the deadline for finding common ground around the contentious clauses relating to language and admission policies fast approaching, some are sceptical if the negotiations will yield results.

In October 2023, while the ANC retained its majority, the National Assembly passed the Basic Education Laws Amendment (BELA) Bill, which amends the South African Schools and Employment of Educators Acts.

However, the bill was not signed into law by the President during the sixth administration.

In the May 2024 elections, the ANC lost its three-decade-long majority, securing about 40% of the vote. It then formed a co-governing agreement with ten diverse political parties, including its long-time official opposition, the DA, labelling it a GNU.

While numerous provisions have been welcomed, like criminalising not sending children to school, the BELA Bill, particularly clauses 4 and 5, has faced strong opposition from groups like Solidarity, AfriForum, the DA, and VF Plus.

Clause 4 expands the education department’s control over school admissions, even without proper documentation, while Clause 5 requires school governing bodies to submit language policies for provincial approval, considering local demographics.

Proponents argue this promotes inclusivity by allowing more children who were unable to get admission to a school based on language policies, but opponents claim it centralises decision-making, weakens school autonomy, and potentially ‘marginalises’ Afrikaans-speaking schools.

Despite calls from partners within the GNU, the DA, and FF Plus to reconsider the Bill, President Cyril Ramaphosa signed the BELA Act into law on 13 September 2024, with the notable absence of the Minister of Basic Education, the DA’s Siviwe Gwarube.

However, he delayed the implementation of the controversial clauses by three months to allow further consultations while the rest of the Bill proceeded.

Now, the due date for seeking consensus on these clauses is fast approaching (Friday, 13 December); yet stakeholders, including the two largest parties in the GNU, remain staunchly divided.

The tug of war

On 28 November 2024, Gwarube announced an agreement with Solidarity and a representative from the Presidency at the National Economic Development and Labour Council (Nedlac) to propose a delay in implementing contentious clauses on 13 December 2024.

The agreement proposed that norms and standards for language and admission policies be developed, considering local contexts and school capacities, before these clauses are enforced.

It also called for opening the door for future legislative amendments and further discussions on mother tongue education.

Gwarube clarified that the agreement did not replace ongoing consultations within the Cabinet and its clearing house mechanism regarding the Act.

However, both President Cyril Ramaphosa and Deputy President Paul Mashatile quickly condemned the agreement.

Ramaphosa’s spokesperson, Vincent Magwenya, stated that the agreement had no legal or practical effect on the ongoing multiparty discussions.

He emphasised that the BELA Act had already been passed by Parliament and signed into law, and the Minister was required to implement it, aside from the delayed clauses.

The Presidency confirmed that Ramaphosa would soon determine when the Act’s provisions would come into effect and finalise necessary regulations while maintaining the government’s commitment to educational transformation.

Mashatile accused Gwarube of acting in bad faith by ‘bypassing other coalition members.’

The ANC supported Mashatile’s criticism, claiming the DA was attempting to preserve “apartheid-era standards” in education.

The DA, however, defended Gwarube, claiming that the agreement was a constructive solution to the BELA debate, achieved through negotiation outside of political party influence.

Being pulled in all directions

Ramaphosa is being pulled in many directions on this, as he needs to balance the needs and wants of many groups.

Speculation arose about a possible Cabinet reshuffle, with the Sunday Times reporting that Ramaphosa was pressured to remove Gwarube as Basic Education minister.

DA leader John Steenhuisen strongly opposed such moves, warning that any attempt to fire ministers affiliated with the DA who are “just doing their jobs” would signal the end of the coalition.

He also stressed that Gwarube’s efforts were part of a separate consultation process, which had been misrepresented.

Meanwhile, some in the ANC and its allies are warning him not to water the bill down in any way.

At a recent Cosatu meeting, Gauteng Premier and potential ANC Presidential candidate come 2027, Panyaza Lesufi, urged Ramaphosa to approve the clauses as is.

“If we allow the Bela Bill to be diluted into something that it isn’t, then we’ll have betrayed this revolution. And on this issue, there’s no retreat and no surrender,” said the ANC bigwig.

“Never again will our children be denied access to an Afrikaans-medium school next door to where their parents live simply because that particular school has been declared a no-go area for them.

“This is a moment for all progressive forces to stand together. Our children can’t be rejected in schools – never! You can sing and dance, but the Bela Act will be implemented,” he added.

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