Changes in effect<\/strong><\/p>\n\n\n\nBroadly, the Bill amends sections of the South African Schools and the Employment of Educators Acts.<\/p>\n\n\n\n
Deputy Minister of Basic Education Dr Reginah Mhaule says that this is to \u201crespond to administrative challenges facing schools and to continue with the transformation agenda of the education system… to reflect the changing demographics of communities.”<\/p>\n\n\n\n
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.”<\/p>\n\n\n\n
The DA and the FF Plus argue that it “impedes on the right to mother-tongue education,” particularly in Afrikaans-medium schools.<\/p>\n\n\n\n
Ramaphosa denied this and said that it is rather about “equitable access.”<\/p>\n\n\n\n
“We have seen cases of learners being denied admission to schools because of their language [and admission] policies,” the President said at the signing.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
“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.<\/p>\n\n\n\n
After considering submissions, he “had no such reservations about the BELA Bill [and] the Constitution obliged [him] to assent to it.”<\/p>\n\n\n\n
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.”<\/p>\n\n\n\n
“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.<\/p>\n\n\n\n
Not yet convinced<\/strong><\/p>\n\n\n\nWestern Cape MEC David Maynier criticised the laws, citing concerns about their constitutionality and their impact on school admissions and language policies.<\/p>\n\n\n\n
He claimed that the National Assembly\u2019s public participation process had flaws and that the costing of compulsory Grade R was problematic, noting that provinces lack funding and face financial strain.<\/p>\n\n\n\n
“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.<\/p>\n\n\n\n
Following the announcements of a three-month delay, the DA published a statement highlighting doubts.<\/p>\n\n\n\n
“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.<\/p>\n\n\n\n
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.”<\/p>\n\n\n\n
FF Plus leader Pieter Groenewald said that “during the next three months\u2019 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\u2019s right to mother-tongue education.”<\/p>\n\n\n\n
While the Bill is said to shake the GNU, parties say it does not mean its end.<\/p>\n\n\n\n