Ramaphosa fully implements new school laws for South Africa – with no changes
President Cyril Ramaphosa has fully implemented the controversial Basic Education Laws Amendment (BELA) Act, including the two clauses that have drawn ire and consternation among some political parties and civil groups.
The president signed the BELA Act in September, but did not implement two clauses which related to language and admission policies at schools.
The clauses drew much controversy over the view that it gave the Department of Basic Education the final say over these policies at schools, centralising power within government rather than letting communities and school governing bodies decide on how these should operate.
The president deferred the implementation of these clauses by three months (ending December) to give the newly formed Government of National Unity (GNU) time to deliberate on a path forward with the laws.
The Democratic Alliance (DA), a key GNU member, had drawn a line on these aspects of the laws before the 2024 elections as well as during the GNU negotiations.
However, the law has now been put into full effect, with no amendments.
Instead, it will be up to education minister, currently the DA’s Siviwe Gwarube, to develop regulations as well as norms and standards that will govern the Act, including contentious sections around language and admissions.
This was the outcome of a meeting among GNU leaders in the so-called ‘clearing house’ established to deal with conflicts and debates over government policy.
“Over the last three months, discussions have been held with a view of reaching consensus on these outstanding clauses of the BELA Act,” Ramaphosa said.
“In (the clearing house) final report, the parties agreed that the Basic Education Laws Amendment Act should not be sent back to Parliament to make changes to the sections that were in contention. The GNU clearing house participants agreed that the Act be fully implemented.”
Ramaphosa said he has instructed Gwarabe to implement the laws.
“I have also instructed the Minister to do what is necessary, as is customary with any law, to ensure that the timeframe of implementation—particularly with regard to the system’s preparedness for universal Grade R access—and the consequential regulations setting out the norms and standards are prepared.
“All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law and the relevant policies and regulations,” he said.
In stark contrast to the party’s pre-election and pre-GNU stance on the BELA laws, the DA is now on board.
DA leader John Steenhuisen said the party sees the result—the full implementation of the BELA Act with no amendments—as a “win-win compromise.”
“We have full confidence in Minister Gwarube’s ability to introduce fit-for-purpose guidelines that will protect school autonomy from subversion.
“The President’s announcement that the BELA Act be implemented in full was accepted by all the parties involved in the Task Team (DA, FF-Plus, GOOD and ANC) on condition that Gwarube issues norms, standards and regulations to govern the implementation of the contested sections of the Act.
“This has been a gruelling process, but this outcome has illustrated that the conflict resolutions of the GNU can work if parties show the necessary goodwill,” Steenhuisen said.
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