By Johnathan Paoli
South Africans are on tenterhooks ahead of the Basic Education Laws Amendment (Bela) Act deadline this week.
Political parties in the Government of National Unity were given three months to find a compromise on contentious sections of the Act.
Friday is D-Day.
Spokesperson for the Presidency, Vincent Magwenya, said that President Cyril Ramaphosa was expected to make a decision following the conclusion of ongoing negotiations.
“The president is waiting for the outcome of those talks,” Magwenya said.
The Act, signed into law in September, has sparked controversy, particularly over Sections 4 and five, which shift the responsibility for school admissions and language policies from School Governing Bodies to provincial education departments.
While the deadline is Friday, it does not mean that the president will decide what to do at the end of the week.
The SA Democratic Teachers’ Union has issued an urgent letter to Ramaphosa, demanding the immediate implementation of Sections 4 and 5 of the legislation.
Sadtu, which is the country’s largest teacher union, has warned that failure to implement the law in its entirety would result in legal and industrial action.
In the letter, Sadtu reminded Ramaphosa that the Act was passed to address historical imbalances and promote access to quality public education.
It said the Act has not been challenged in court for its constitutionality, nor has any court declared it invalid. Therefore, there was no lawful reason to delay its implementation.
Sadtu believes that the postponement of the implementation of these sections is politically motivated, primarily driven by objections from Basic Education Minister Siviwe Gwarube and the Democratic Alliance.
The union pointed out that the Act had undergone more than a decade of consultation, with the DA participating in the process.
Furthermore, it rejected a bilateral agreement signed between the minister and Solidarity at the National Economic Development and Labour Council, describing it as an attempt to promote racial discrimination in schools.
But DA basic education spokesperson Delmaine Christians told Inside Education that the Presidency was yet to provide further guidelines on the way forward.
“I expect that there will be a multi-party discussion in the new year to clear up any further issues.”
While Sadtu supports the legislation, Solidarity and AfriForum are vehemently opposed to the disputed clauses.
Solidarity spokesperson Werner Human warned that the clauses could violate the Constitution and stressed the need for more time to create the necessary norms and regulations.
The DA has also criticised any attempts to force the dismissal of Gwarube.
Party leader John Steenhuisen has defended Gwarube, accusing factions within the ANC of using the dispute to target her politically.
INSIDE EDUCATION
