By Akani Nkuna
The Portfolio Committee on Basic Education has appealed for swift implementation of Basic Education Laws Amendment (BELA) Act.
Committee chairperson Joy Maimela has accused the Basic Education Department of deploying delaying tactics in drafting regulations, which must be the guiding framework for administrators.
“The majority of members of the committee are of the view that deliberate attempts are being made to hold the full implementation of the BELA Act by delaying the drafting of regulations, especially those that speak to the two contentious sections,” she said.
The national and provincial departments briefed the portfolio committee on Tuesday on progress made in implementing the Act and current developments on the regulations, regarding especially the contested Sections 4 and 5, which affect admission policy and language policy.
The Act was signed into law by President Cyril Ramaphosa in September 2024 primarily to address the administrative and management challenges in the education system, with an aim to enhance inclusivity, equity and access to quality education.
Despite missing the end of June deadline for the regulations, Basic Education Minister Siviwe Gwarube told the committee that the draft regulations were at an advanced stage and would be finalised in due course.
Gwarube denied claims that she succumbed to external influence in relation to the draft regulation, saying that she acted within her scope of framework in providing draft guidelines for provincial education departments.
On the 17 June during a portfolio committee meeting, Gwarube asserted that the drafting of the regulations was not a straightforward process, but assured the members that the regulations would be published for public comment at the end of that month.
“I really do battle to understand the assertion and even the accusation that somehow there is a delay in the implementation of the Act and production of the regulation. We made a commitment last year that by the end of June, the regulations would be out and published for the public,” she said.
The minister confirmed that the 10 draft regulations were at an advanced stage.
She told the committee that 10 task teams had been set up to work on each regulation. Two were near completion and being reviewed by the Office of the Chief State Law Advisor.
Maimela said the committee was deeply worried about claims that the guidelines may conflict with the South African Schools Act (SASA).
Also, some provincial education departments raised concerns about the updated admission section, saying it went against SASA and interfered with the province’s authority to manage school admissions.
“We have not been furnished with any guidelines or regulations. During our engagements with the provincial departments of education, it became apparent that the guidelines differ from the SASA. Some provincial departments of education are also confused by whether they received guidelines or regulations,” said Maimela.
“This is confusion we were concerned about from the start. If the provincial departments of education are confused, what about the general public and other stakeholders? We cannot allow this confusion.”
Whilst several provincial education departments told the committee that the Council of Education Ministers (CEM) did not approve the guidelines, the committee has requested Gwarube to provide a report on the process which led to the drafting of the guidelines.
It wants more attention to be paid on drafting regulations than on guidelines.
“The committee is of the view that the time spent for draft guidelines could have been utilised rather for drafting regulations. We need the detail of what led to the guidelines as we must discuss if we need to write to the office of the president and explain the confusion created in the sector,” Maimela added.
Meanwhile, ANC study group whip on basic education Tshepo Louw has accused Gwarube of undermining presidential processes regarding the implementation of the two sections of the Act.
“We are alarmed by the imposition of DA-led guidelines within the Department of Basic Education, which not only undermine the authority of the Council of Education Ministers but also contradict the constitutional mandate to provide equitable education for all South African learners,” said Louw.
Louw said the portfolio committee flagged the attempts to weaken the Act by replacing “after consultation” with “in collaboration with”, saying that this was a move by the DA to give School Governing Bodies the same authority as an HOD, which undermined the department’s decision-making power.
“This not only undermines the recourse and authority of the government, but also serves to enhance the privileges of racist SGBs that have no regard for the needs of black children,” he added.
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