ANC Secretary General Fikile Mbalula has saluted President Cyril Ramaphosa for promulgating the entire Basic Education Laws Amendment (Bela Act), following months of consultations centered around two sections of the new law.
On Friday, IOL reported that the Bela Act has come into effect despite the strong opposition expressed by parties in the government of national unity (GNU), particularly the Democratic Alliance (DA).
Despite initially strongly opposing the implementation of Bela Act, the DA has now welcomed its implementation, with DA leader John Steenhuisen calling the outcome “a win-win compromise”.
“The outcome of the negotiations in the Clearing House Mechanism’s task team is a win-win compromise that enables the Bela Act to be implemented without undermining existing constitutional rights to mother tongue education,” Steenhuisen wrote on X.
During a media briefing on Saturday, Mbalula said there was no compromise in the implementation of the full Bela Act as pronounced by Ramaphosa on Friday.
“There is no win-win situation. We put the Bela Act for three months for engagement, that is what we did. The Act has come to full cycle in terms of the law. We did that in the spirit of the GNU, to engage with partners, and we are part and parcel of that. Henceforth, we want to thank everybody who took part in that particular process.
“It is not a compromise to say the minister must determine the norms and standards for language policy. South Africa’s Schools Act of 1996 provides for this. It is a standard practice. It is not something that cannot be done.
“If the minister does not implement decisions of government, in government, which have come full cycle in terms of the law there will be consequences for that. We do not think that we will get to that stage,” said Mbalula.
He said at the present moment, all the political parties in the GNU’s Clearing House have engaged and found each other, and the president has pronounced on the implementation of the Bela Act.
“I think we need to make that particular point clear. The people who have understood the terrain of the Government of National Unity as something else … we have always understood it in the ANC as a tactical intervention, not as a melting pot. We have understood that we are engaged in a process as a country, with arch-rivals, with people we do not agree with politically and ideologically,” said Mbalula.
Mbalula highlighted that there will be other salient matters where parties will not agree on. He said the ANC, as the “largest party in the GNU” has the responsibility to demonstrate to South Africans that it can still do things, work for communities and deliver.
DA federal chairperson Helen Zille said the party objected to clauses 4 and 5 on the Bela Act, claiming they are "unnecessary" and part of a retaliatory plot against Afrikaans.
The Bela Act was signed into law in September, but President Cyril Ramaphosa delayed the execution of two of its sections, clause 4 and 5 to allow more consultation on them.
Clause 4 seeks to amend sections of the South African Schools Act (SASA). It provides for an admission age, despite the age at which school attendance is compulsory.
As stipulated in section 3(1), a parent may, if he or she so wishes and subject to a few conditions, enroll a child in a school to start attending grade R at a younger age.
Provided that, if a school has limited capacity for admission to Grade R, preference must be given to learners who are subject to compulsory attendance.
It provides that the governing body of a public school must submit the admission policy of the school to the Head of Department for approval.
Clause 5 seeks to amend section 6 of the SASA to provide for the governing body to submit the language policy of a public school, and any amendment thereof, to the Head of Department for approval.
Meanwhile, Gwarube said she had long held that the Act should be implemented with the support of National Regulations, Policy and Norms, and Standards that have been developed, publicly scrutinised and finalised in the best interests of learners.
She said she had instructed officials in the Department of Basic Education to begin the process of drafting these National Regulations, Policy and Norms and Standards.
"It must be noted that this process takes time. Once these have been drafted, they will need to go through the necessary public participation processes after which full implementation can take place," she added.
Member of Parliament and Rise Mzansi leader, Songezo Zibi welcomed the announcement saying the decision aligns with the party's long-held view that the law passes legal muster, and that any contestation to the BELA Act must be put before the courts.
"This law is a vital piece of legislation that, if implemented properly and with sincerity, will go far in furthering access to basic education for all South Africans, regardless of race, class or locality.
"What is now of importance and urgent, is for the Minister of Basic Education, Siviwe Gwarube, to formulate the relevant norms, standards and guidelines," said Zibi.
Zibi added that the Act is not an assault on any language, but rather is about access, equality and the advancement of all of South Africa’s languages.
IOL