Three-month Bela Act grace period will not be abused, warns Ramaphosa

On Sunday, President Cyril Ramaphosa cautioned political parties and civil society groups against exploiting the grace period he granted to address two contested clauses in the Basic Education Laws Amendment (Bela) Act, urging them to find a consensus solution.

Ramaphosa’s comments follow controversy surrounding the alleged postponement of the implementation of the two clauses.

The president signed the Bela Act into law on 13 September, but suspended the implementation of clause 4 and 5 for a three-month period, pending consultation with interested parties opposing the clauses.

Clause 4 of the Bela Act gives the Department of Basic Education (DBE) more authority over the admission policy and clause 5 requires school governing bodies (SGBs) to submit the school’s language policy to the provincial head of department (HOD) for approval.

Bela Act deadline delayed?

The three-month deadline set by Ramaphosa is expected to lapse on 13 December.

However, civil society organisations, Solidarity and AfriForum, recently announced that they had reached a settlement with the government to delay the implementation of the clauses.

A statement released by the Solidarity claimed the dispute over the Bela Act was resolved during negotiations at the National Economic Development and Labour Council (Nedlac), which included Basic Education Minister Siviwe Gwarube and the Presidency.

Deputy President Paul Mashatile, multiple political parties and trade unions denounced this agreement and the parties involved in coming to its conclusion.

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Ramaphosa responds to Bela Act ‘agreement’

Responding to statements by Gwarube and the Solidarity Movement on the Bela Act deadline, Ramaphosa echoed sentiments recently expressed by his deputy, clarifying that “the agreement between the minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions underway on sections 4 and 5 of the Act.”

Speaking to the media at an ANC event in Thabazimbi, Limpopo, the president reiterated that the deadline he set should not be diverted.

“The issue of the Bella Act, which I issued a statement about earlier today (Sunday), is a matter that’s being handled, but in the end the president has signed the bill.

“I’ve given three months for solutions to be found and those solutions have to be credible. They have to be solutions that everyone buys into and my resolve in having given people an opportunity to find solutions should never be abused,” the president said.

Watch the video below:

The President has signed the BELA Bill and given 3 months for credible solutions to be found. This opportunity should not be abuse or misunderstood. pic.twitter.com/Lk9hH0tUdN

— Cyril Ramaphosa 🇿🇦 (@CyrilRamaphosa) December 1, 2024

Ramaphosa emphasised that his authority in giving parties interested in the Bela Act the opportunity to give inputs on the two clauses “should never be downplayed”.

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“I am quite resolute in saying that come the [13th] of December, if there’s no solution, what I signed into law is activated.

“So there must therefore be a rush to finalise that in a credible way, in a way that has integrity, that has credibility, and that is broadly accepted by everyone.”

Gwarube encouraged to implement Bela Act

Meanwhile, the Presidency stressed that “the agreement bears no influence on the president’s powers to ultimately take a decision regarding the commencement of the Act”.

“It must be noted that the BELA Act was duly passed by Parliament and assented to by the President. It is now law. The Minister of Basic Education is enjoined to work towards its implementation, sections 4 and 5 aside.

“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 statement reads.

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