Pretoria – The Presidency says the agreement between the Basic Education Minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions that are underway regarding sections 4 and 5 of the Basic Education Laws Amendment Act (BELA).
On 28 November 2024, the Minister of Basic Education Siviwe Gwarube announced that she had signed an agreement with Solidarity union on the exercise of her powers and responsibilities in the implementation of BELA.
“It is worth noting that Solidarity is just one among many interested parties in the matter,” the Presidency said in a statement on Sunday, (1 December 2024).
“The agreement between the Minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions that are underway in sections 4 and 5 of the Act.”
Clause 4 of the Bela Act gives the Department of Basic Education greater control over the admission policy and clause 5 requires School Governing Bodies to submit the school’s language policy to the provincial Head of Department for approval.
The statement said President Cyril Ramaphosa has noted the settlement agreement between the Basic Education Minister Gwarube and the Solidarity union on the Basic Education Laws Amendment Act (BELA).
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The BELA Bill was passed by the 6th democratic Parliament on 26 October 2023.
The President assented to the Bill on 13 September 2024.
During the public signing of the Bill, President Ramaphosa announced his decision to delay the implementation date for sections 4 and 5 of the Bill by three months.
The decision was to afford the parties time to deliberate on the issues of admission and language policy contained in the two sections and to submit proposals on how the disputed elements in the sections will be resolved.
“Furthermore, the agreement bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act,” explained Vincent Magwenya, spokesperson to President Ramaphosa.
“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.”
Magwenya said it must be noted that the BELA Act was duly passed by Parliament and assented to by the President.
“It is now law,” Magwenya said.
“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 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.
