Johannesburg – The Democratic Alliance (DA) on Friday, (29 November 2024), called on all interested and affected parties to accept the outcome of the settlement negotiated at NEDLAC regarding contentious parts of the Basic Education Laws Amendment Act (BELA).
The settlement was negotiated between the Presidency, the Department of Basic Education (DBE), and Trade Union Solidarity, on behalf of teachers affiliated with it.
Despite signing BELA into law earlier this year in September, President Cyril Ramaphosa said that he would delay the implementation of two contested clauses for three months.
On 1 October 2024, Trade Union Solidarity initiated a dispute process through NEDLAC to seek authorisation to undertake a protected protest to express opposition to Sections 4 and 5 of BELA.
Clause four says the provincial department will be responsible for admitting pupils into a public school.
Clause five says the power of determining a school’s language policy will reside with the provincial education department.
The minister of basic education and the Presidency were cited as respondents.
Basic Education Minister Siviwe Gwarube, a member of the DA, said: “From the outset, it is essential to clarify that the process instituted by the trade union Solidarity at Nedlac is a legal process designed to resolve disputes between labour and government and should not be confused as a substitution for the consultations that are currently underway between parties elsewhere.
“Following weeks of NEDLAC engagements between delegations representing Solidarity, the Minister of Basic Education, and the Presidency, a multilateral dispute settlement was reached and signed by Minister of Basic Education, Presidency, and Solidarity – thus resolving the dispute lodged by Solidarity at NEDLAC level.”
Commenting on the development, Helen Zille, the DA Federal Council Chairperson, said the negotiations were a mandatory process conducted in terms of the law, to prevent strike action arising from the controversy surrounding various clauses in BELA.
“No political parties were represented in these negotiations. The talks included only the Presidency, DBE as the employer, and Solidarity representing certain teachers’ unions,” said Zille.
“These negotiations, and the agreement reached by consensus, are a prime example of NEDLAC fulfilling the purpose for which it was established – to give interested and affected parties the opportunity to negotiate settlements rather than resort to strike action.
“Now that the Presidency, the DBE, and Solidarity have reached and signed an agreement, it is incumbent on everyone to respect the outcome of a statutory process and not seek to undermine it for party political purposes.
“In particular, it is incumbent on the Presidency to uphold an agreement it was a party to.”
Zille said the representatives of the Presidency involved in the negotiations regularly reverted to their principals to seal their negotiating mandate.
“Yet the Deputy President (who is an integral part of the Presidency) has now rejected the right of NEDLAC to reach a settlement in terms of the law,” Zille said.
The Mail&Guardian reports that Deputy President Paul Mashatile on Friday accused Basic Education Minister Gwarube of acting in bad faith by announcing plans to ask President Ramaphosa to delay the implementation of contentious clauses in Bela.
Zille added: “He is demanding that the matter be resolved by the ad-hoc Clearing House Committee set up by the Cabinet.
“According to the DA’s legal advice, an ad-hoc informal committee cannot override an agreement reached through a statutory process.
“To make matters worse, Matome Chiloane, the ANC MEC for Education in Gauteng, has voiced his ‘firm rejection’ of the agreement.”
Zille said this was an extraordinary situation.
“A statutory body produces a negotiated settlement in terms of the law, involving the Presidency, the DBE, and a trade union – and the RET faction of the ANC mobilises to override it, without following any legal processes.
“This is pure political posturing that undermines institutions designed to solve problems through negotiation and prevent conflict.
“It is all the more ominous because it involves the Deputy President openly challenging a settlement approved by the President.
“This battle is about the internal battle for control of the ANC. And it is clear that the RET faction will ride roughshod over the law and due process to seize power.
“For our part, the DA welcomes the fact that a constructive solution was negotiated to the BELA crisis in a forum that did not involve political parties, and we support the outcome of this process.”
