Minister of Basic Education, Siviwe Gwarube. Picture: Gallo Images/Lefty Shivambu
The full implementation of the controversial Basic Education Laws Amendment (Bela) Act has been described as a win for the government of national unity (GNU) but not for the DA.
President Cyril Ramaphosa authorised the full implementation of the Act on Friday.
This comes after he signed Bela into law on 13 September but suspended the implementation of clauses 4 and 5 for three months to allow for consultations with opposition parties.
ALSO READ: Ramaphosa signs Bela Act into law, suspended clauses resolved after consultations
Political analyst Piet Croucamp said the DA had lost the Bela Act fight.
“I ask myself the question: What would it take to get DA to leave the GNU? Well, obviously, it’s impossible for them to leave. They are trapped because Bela is nothing they have envisioned.
“They now have to hope on the minister to, in some or other way, come up with rather flexible regulations which the SA Democratic Teachers Union may go to test in court if it was compliant with the Bill,” he said.
“I think the DA has lost this one. However they may spin it, I am afraid if [Gauteng premier] Panyaza Lesufi is happy, it means you have lost,” he said.
However, DA leader John Steenhuisen said they had full confidence in Basic Education Minister Siviwe Gwarube’s ability to introduce fit-for-purpose guidelines that would protect school autonomy from the sub-version of the Bela Act.
“The fact that a sober-minded DA minister is tasked with this critical work is a vindication of the DA’s role in the GNU as the champion of constitutional rights, including the right to mother-tongue education,” Steenhuisen said.
But, Croucamp said Gwarube could only make regulations that complied with the Act’s norms and standards.
Another political analyst Daniel Silke said it was an achievement for the GNU to obtain broad consensus on the legislation which had controversial elements attached to it.
“It does set the scene for broader cooperation within the GNU parties which is a significant aspect to it. The DA seems to have bought into the broader Bela Bill and it probably shifts the DA and the ANC a little bit closer together in terms of the broader management of the GNU itself,” he said.
But Silke said it seemed the DA was still finding it difficult to carve out a niche in both its opposition to the ANC and as a signatory of the GNU.
“The broad base support from a national level for this Bill confuses DA voters and will be an opportunity for the Freedom Front Plus (FF+) and other parties to express their dissatisfaction to a greate degree, but adds to the general state of confusion in SA politics.
“The DA is part of that confusion. As to what is the DA’s agenda, does it merge with certain aspects of the ANC’s agenda? And the same can be asked about the ANC when it comes to this kind of legislation,” Silke said.
Transvaal Agricultural Union (TLU SA) general manager Bennie van Zyl said the signing of the Act was an attack on Christian youth.
“The state must stop stealing our children from us through its policy directives and curriculum. We therefore call on Chris tian Afrikaner parents to counter this assault on our youth, reclaim the education of our children and strengthen private educational institutions that uphold our cultural and Christian values,” he said.
Van Zyl said TLU SA believed the Act was inherently unfair and discriminatory with regard to the language and admission clauses it contains.
AfriForum chief executive Kallie Kriel said the controversial Sections 4 and 5 could not be implemented until Gwarube had established a timeline and developed the necessary standards and regulations.
“Practically, this means that these articles cannot take effect immediately. This meets an important part of the demands of the solidarity movement, including Solidarity, AfriForum and the Solidarity School Support Centre,” he said.
Kriel said any official who tries to implement Sections 4 and 5 before Gwarube completed her work would be acting unlawfully and they would challenge any form of intimidation against schools in court. Referendum Party leader Phil Craig said the ANC was acting unilaterally.
“This has serious implications which extend well beyond just Bela. The ANC continues to implement its own economic policy, is proceeding full speed ahead with NHI [National Health Insurance] and is extending race-based policy making,” he said.
Craig said the DA should take serious stock of its situation because people voted for it to remove the ANC from power, not to enable its destructive ideology.
“Gaslighting voters that it has somehow saved them from Bela because Gwarube is still writing the regulations is as derisory as it is offensive,” he said. FF+ leader Dr Pieter Groenewald said they would remain actively involved and keep a close eye on the regulations.
“Bela was signed, along with an agreement that the regulations guiding the implementation of the Act will indeed resolve the contentious Sections 4 and 5 dealing with language and admission.”
ALSO READ: Bela Act debate reveals deeper divide in SA politics
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