President Cyril Ramaphosa. (Photo by Nic BOTHMA / POOL / AFP)
President Cyril Ramaphosa has clarified that a recent agreement between the presidency, Basic Education Minister Siviwe Gwarube and the Solidarity union concerning two contentious clauses in the Basic Education Laws Amendment (Bela) Act does not diminish his constitutional authority to determine when the Act’s provisions come into force.
Clauses 4 and 5 of the Act deal with language and admission policies in public schools. The agreement reached ensures that the 13 December deadline will be extended by a further three months to allow for more deliberations on the two clauses.
The clauses were criticised by opposition parties and advocacy groups, including the Democratic Alliance (DA) and Solidarity, who argue they could undermine the autonomy of school governing bodies.
Clause 4 gives the education department greater authority over school admissions and mandates that schools accept and teach children even if they don’t have the correct documents.
Clause 5 requires school governing bodies to submit their language policies, along with any changes, to the provincial head of department for approval.
To address the concerns, Ramaphosa delayed the implementation of the clauses for three months, allowing time for broader consultations
On Sunday, Ramaphosa’s spokesperson Vincent Magwenya reiterated the president’s commitment to this process, initiated after the Bela Act was signed into law on 13 September 2024.
“The agreement bears no influence on the president’s powers to ultimately take a decision regarding the commencement of the Act. President Ramaphosa reiterates his commitment to the undertaking he made when he signed the Bill on 13 September 2024 to give the parties three months to submit proposals on sections 4 and 5. The president therefore awaits the outcome of those deliberations,” he said.
Magwenya stressed that the Bela Act is now law and “tTe minister of basic education must work towards its implementation, apart from sections 4 and 5.”
“The next step is for the president to determine the date of commencement and for the necessary regulations to be finalised. This will be done without undue delay. The president is bound by the Constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners,” he said.
This comes after a Wednesday framework agreement was reached between Solidarity, the presidency and the education department that the controversial sections of the Bela Act will not be implemented on 13 December.
Passed by parliament on 26 October last year, the Bela Act aims to amend existing education laws to promote inclusivity and equity in schools.
But the two clauses have polarised stakeholders, with Solidarity voicing fears of centralised decision-making and the potential marginalisation of Afrikaans-speaking schools.
Proponents of the clauses argue that they are vital for addressing historical inequities in South Africa’s education system.
The issue has exposed fault lines in the government of national unity (GNU).
On Friday, Deputy President Paul Mashatile accused Gwarube of acting in bad faith by announcing plans to ask Ramaphosa to delay implementation of contentious clauses in the Bela Act.
He added that the education minister had involved “only one GNU party” and “a government official” in discussions facilitated by the National Economic Development and Labour Council (Nedlac).
Mashatile called on the parties to work through the conflict resolution committee established to deal with disputes arising in the unity government.
The ANC followed Mashatile’s statement with its own, accusing the DA of attempting to bypass processes to preserve “apartheid-era standards” in education.
The DA dismissed Mashatile’s claims, alleging that they undermine Gwarube’s role as a cabinet member. An unnamed senior DA source expressed frustration, noting that Gwarube had been instructed to act as a government representative rather than as a DA official.
Gwarube, in a statement, undertook to impress upon Ramaphosa that every child had a constitutional right to be taught in their mother tongue where possible.
”The parties have reached an understanding of how concerns relating to sections 4 and 5 of the Bela Act may be addressed,” she said. “This validates my long-held view that dialogue is the best remedy for conflict resolution.”
Solidarity’s head, Dirk Hermann in a statement said the presidency’s delegation was fully authorised and operated transparently. He dismissed claims of partisanship, stating, “The minister is not the DA, and the presidency is not ANC.”
“This agreement does not override the GNU process. They need to come to their own conclusions. The GNU process cannot override the Nedlac process either,” he said.
The extended three-month consultation period offers a temporary reprieve while stakeholders prepare submissions. The outcome will shape language and admission policies in public schools.
Supporters of the agreement to extend the consultation period see it as a balanced resolution, but critics in the ANC view the delay as a setback for transformative education reforms.
For Ramaphosa, the Bela Act represents a critical challenge in balancing the goals of inclusivity and equity with the preservation of community agency in shaping school policies.
The president’s ultimate decision on clauses 4 and 5 will set a precedent for how the government navigates politically sensitive reforms.