ANC leader Cyril Ramaphosa and DA leader John Steenhuisen. Pictures: The Citizen
The temporary breakthrough reached in the heated debate over the contentious Basic Education Laws Amendment (Bela) Bill was mostly welcomed, with President Cyril Ramaphosa agreeing to delay the implementation of two hotly contested clauses which address school admissions and language policies.
The decision to proceed with the signing of the Bela Bill into law, despite opposition from aggrieved parties, saw divisions among members of the government of national unity (GNU) widen.
ALSO READ: Ramaphosa signs Bela Bill but puts two contentious clauses on hold
Although Ramaphosa emphasised yesterday that the rest of the Bela Bill would be implemented immediately, parties and civil rights groups were divided on the implications of the delay, particularly as consultations continue.
The parties have three months to reach an agreement.
Ramaphosa stressed that if no resolution is found within the timeframe, the government would proceed with the full implementation of the Bela Bill.
However, the DA rejected what it called the president’s “threat” and noted the party would still prepare for court action against the Bill – both on procedural and constitutional grounds.
“We regard his approach as contrary to the spirit of the statement of intent that formed the foundation of the GNU, which requires participating parties to reach ‘sufficient consensus’ on divisive issues,” said DA leader John Steenhuisen.
During the proceedings at the Union Buildings, Deputy Education Minister Reginah Mhaule stood alongside Ramaphosa at the signing ceremony, while the DA’s Basic Education Minister, Siviwe Gwarube, boycotted the ceremony.
Earlier, Gwarube said she had written to the president, requesting that the Bill be referred back to parliament for reconsideration under Section 79 of the Constitution.
According to News24, Gwarube informed a department workshop that if the president signed the Bill, it would implement the Bill.
ALSO READ: Here’s why the Bela Bill is so controversial
Although Steenhuisen welcomed the three-month delay in implementing clauses 4 and 5, he warned that if the delay was a tactic to defuse opposition before implementing the contested clauses later, the DA would continue to fight the Bill.
Clause four of the Bill says the provincial department will be responsible for the admitting of pupils into a public school, taking that power away from school governing bodies (SGBs) while clause five moves the power of determining a school’s language policy from the SGB to the provincial department of education.
The DA, African Christian Democratic Party (ACDP) and Freedom Front Plus (FF Plus) opposed the Bill, while the EFF, Inkatha Freedom Party and Pan Africanist Congress of Azania supported it, alongside the ANC.
Civil rights group AfriForum, which expressed sharp opposition to the Bill, said that the delay was a significant win for Afrikaans-speaking communities.
AfriForum head of cultural affairs Alana Bailey said AfriForum and Solidarity met the president on Thursday and requested that the Bill not be signed.
“While the danger posed by the Bill has not been fully averted, this creates room for further discussion. We remain ready to fight in court if necessary.
“Our position remains that these clauses would have destructive consequences for Afrikaans schools and children if implemented,” Bailey said.
ALSO READ: Basic education minister Gwarube skips Bela Bill signing in protest
However, South African Democratic Teachers Union general secretary Mugwena Maluleke was not entirely satisfied with the three-month grace period and criticised the parties opposed to the Bill, saying the delay hinders progress on much-needed reforms in the education system.
“We supported the Bill based on the findings of parliamentary legal experts, who confirmed its legality and constitutionality.
“These sections should be implemented because the opposition isn’t based on their constitutionality but on resistance to integration and equality,” Maluleke said.
He said clauses 4 and 5 had been found to be constitutional and lawful. “If it were up to us, the Bill would have been fully implemented from the start.
After 11 years of consultation, public hearings and citizen input, the people have spoken. In our view, all clauses should have been enacted immediately because we believe in the democratic process.”
Meanwhile, ActionSA’s parliamentary chief whip Lerato Ngobeni said it was disheartened by Gwarube’s failure to persuade the president, adding this was merely an appeasement mechanism rather than a genuine attempt to address the numerous concerns raised.
“This Bill does not address the structural deficiencies that continue to diminish the quality of education in South Africa.
“Instead, it proposes relatively cosmetic and poorly costed changes and additions to a system that frankly requires a near-complete overhaul to ensure access to quality education,” said Ngobeni.
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