By Johnathan Paoli
The contentious sections of the Basic Education Laws Amendment (Bela) Act will be phased in if an agreement signed at Nedlac between Basic Education Minister Siviwe Gwarube and Solidarity is implemented.
Gwarube has welcomed the resolution of the dispute, which began at the beginning of October. It followed Solidarity’s request for authorisation to undertake a protected protest against Sections 4 and 5 of the Act.
“This validates my long-held view that dialogue is the best remedy for conflict resolution,” she said on Thursday.
The contested sections primarily relate to the powers of provincial education departments and the role of school governing bodies (SGBs) in decision-making regarding school admissions and language policies.
The department confirmed that following a series of consultations through National Economic Development and Labour Council (Nedlac) and bilateral talks, both parties reached a consensus that would help to address the concerns raised by Solidarity and other groups that advocate for the Afrikaans language and culture.
Solidarity has maintained that the provisions would undermine the autonomy of SGBs in managing school admissions and language policies.
Specifically, Solidarity opposed the power granted to provincial education departments to override SGB decisions in certain circumstances, such as directing schools to adopt additional languages of instruction or change their admissions policies.
These sections were seen as potentially infringing on the rights of schools to make decisions in the best interests of their communities.
After weeks of negotiations, the parties have reached a mutual understanding on how to address these concerns.
The deal was formalised through a Bilateral Settlement Agreement, signed on Monday, according to which, the minister will recommend to President Cyril Ramaphosa that Sections 4(d), 4(f), and 5(c) of the legislation be postponed until certain national policies, norms and regulations have been developed to support their implementation.
The agreement stipulates that the recommendations be guided by several key principles, including the constitutional right of learners to receive education in their mother tongue, the importance of balancing the powers between national, provincial, and school-level authorities, and the best interests of learners.
The recommendations will also ensure that there is greater clarity around the decision-making processes for altering school policies.
Policies, norms and standards to be developed will address issues such as when and how the provincial education head can override an SGB’s language or admission policy.
Furthermore, the recommendations call for more comprehensive consultation mechanisms, ensuring that affected communities are consulted before such decisions are made.
“Section 4 and Section 5 of the Bela Act should be commenced on phased-in basis subject to the successful execution of the recommendations,” the Nedlac deal reads.
In addition to the agreement between Gwarube and Solidarity, a Multilateral Settlement Agreement was signed between Gwarube, Solidarity and the Presidency on Thursday. It formalises the process by which the minister will present the recommendations to Ramaphosa for his consideration.
Under the legislation, the president must proclaim the commencement arrangements for the Act, including the timing and conditions under which the contested sections will be implemented.
Ramaphosa had given parties three months to iron out difference and reach a consensus. That deadline is 13 December.
The parties involved in the settlement agreed that the minister would take the necessary steps to ensure the smooth implementation of the recommendations and the overall effectiveness of the Bela Act.
Gwarube emphasised that the settlement was a positive step toward ensuring that the Act was implemented in a manner that considered all stakeholders’ concerns, including those of educators, parents and learners.
Solidarity chair Flip Buys said the agreement was the outcome of a variety of processes including talks with Ramaphosa, political parties, traditional leaders, the Pan South African Language Board and Nedlac.
Solidarity CEO Dirk Hermann has welcomed the settlement as a breakthrough, but warns that hard work ahead remained.
“We now have time on our side again that Afrikaans schools whose capacity is full, will not receive an instruction about language and admission. Schools don’t have to allow themselves to be bullied by officials,” Herman said in a statement.
INSIDE EDUCATION
