President Calls for Consensus on Contested Clauses Amid Controversy
President Cyril Ramaphosa has issued a stern warning to political parties, civil society groups, and stakeholders involved in the Basic Education Laws Amendment (Bela) Act consultations, emphasizing that the three-month grace period he granted to address contested clauses should not be abused.
The Bela Act, signed into law on 13 September 2024, includes provisions aimed at transforming South Africa’s education landscape. However, clauses 4 and 5—granting the Department of Basic Education (DBE) more control over school admission and language policies—have sparked significant debate.
Grace Period Controversy: The Road to December
The president suspended the implementation of these two clauses for three months to allow for inclusive consultations. This grace period is set to expire on 13 December, with Ramaphosa affirming that failure to reach consensus will lead to automatic activation of the signed clauses.
Clause 4 empowers the DBE to have the final say over school admission policies, while Clause 5 mandates school governing bodies to submit language policies for provincial approval. Critics argue that these measures undermine local autonomy, prompting resistance from civil society groups such as Solidarity and AfriForum.
Recently, Solidarity claimed that a settlement was reached to delay the implementation of the contested clauses following negotiations involving Basic Education Minister Siviwe Gwarube. However, the Presidency has since clarified that any such agreement holds no legal weight or practical effect.
Ramaphosa’s Stance: Upholding Integrity
Speaking at an ANC event in Limpopo, Ramaphosa reaffirmed his commitment to upholding the deadline, warning against attempts to misuse the grace period.
“The solutions must be credible, have integrity, and be broadly accepted. My resolve in granting this opportunity for inputs should never be abused,” said the president.
Deputy President Paul Mashatile and various political parties have also condemned the alleged agreement as undermining the president’s authority. Ramaphosa made it clear that his decision to sign the Bela Act into law remains final, with implementation to proceed if no resolution is reached by December.
Bela Act’s Broader Implications
The Bela Act is poised to reshape South Africa’s education system. Beyond the contested clauses, it introduces significant changes aimed at improving governance and inclusivity in schools. Ramaphosa emphasized that the Minister of Basic Education must work toward implementing the Act in its entirety, while also addressing concerns raised during consultations.
The deadline for credible solutions, according to the president, is not negotiable. He urged stakeholders to approach the discussions with integrity and to prioritize meaningful transformation.
What’s Next?
With just weeks remaining before the deadline, the focus now shifts to the ability of stakeholders to find common ground on clauses 4 and 5. The Presidency has assured that regulations for the Act’s implementation will be finalized without delay.
As the grace period lapses, all eyes will be on December 13—a date that could mark a significant turning point for South Africa’s education system.
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