Basic Education Minister Gwarube
By Mpho Moloi
Basic Education Minister Siviwe Gwarube has reaffirmed her commitment to the full implementation of the Basic Education Laws Amendment (BELA) Act. Following President Cyril Ramaphosa’s directive last Friday, Gwarube announced that guidelines for the Act’s rollout would be sent to public schools by January 2025. The Act, which has been hailed as transformative, seeks to address historical inequities in school admissions and language policies, among other issues.
President Ramaphosa’s Bold Directive
President Cyril Ramaphosa’s directive comes after months of debate over contentious clauses within the BELA Act, particularly Clauses 4 and 5. Clause 4 grants the Department of Basic Education more control over school admissions, while Clause 5 requires school governing bodies to submit language policies to provincial heads of education for approval. The President emphasized the importance of moving forward with the Act’s implementation, stating, “We must ensure that no language is diminished and that every child, without exception, has access to quality education.”
Gwarube’s Vision for Implementation
Minister Gwarube has outlined a detailed roadmap for the BELA Act’s implementation. She has tasked her team with developing comprehensive guidelines to assist schools and provincial education departments in adhering to the new regulations. These guidelines will be distributed by the end of January 2025.
“I want to make it abundantly clear that this Act will be implemented, and its implementation will be led by me,” Gwarube said at a press briefing in Cape Town. She also assured the public that draft regulations, including norms and standards, will be open for public comment by June 2025.
Gwarube added, “The BELA Act is not just legislation; it is a promise to the 13.5 million learners across South Africa that they will receive the education they deserve. We will protect their rights at all costs.”
Stakeholder Reactions
The BELA Act’s implementation has sparked mixed reactions across political and civil organisations:
South African Democratic Teachers’ Union (SADTU)
SADTU has praised the BELA Act as a long-overdue step toward transformation in education. The union stated, “This Act ensures that no learner is left behind, and it empowers provincial departments to enforce equitable language and admission policies.”
Afriforum
Afriforum has expressed strong opposition to the Act, citing concerns over its potential impact on Afrikaans-medium schools. Spokesperson Werner Human said, “We are prepared to challenge any attempt to diminish mother-tongue education in Afrikaans schools. The BELA Act’s Clauses 4 and 5 are unconstitutional, and we will act if necessary.”
Solidarity Movement
The Solidarity Movement has also raised concerns about the Act, particularly its centralisation of control over school policies. They have announced their readiness to take legal action should schools face intimidation during the implementation process.
Democratic Alliance (DA)
The DA has voiced support for Minister Gwarube’s leadership but maintains that certain sections of the Act require clearer regulations to avoid undermining school autonomy. DA leader John Steenhuisen remarked, “The contested clauses must be governed by robust norms and standards to safeguard the constitutional right to mother-tongue education.”
Economic Freedom Fighters (EFF)
The EFF supports the Act’s measures to dismantle apartheid-era language hierarchies in schools. They have called for the swift implementation of the Act to promote inclusivity.
South African Communist Party (SACP)
The SACP has welcomed the Act, calling it a victory for non-racialism in education. “The BELA Act is a testament to our commitment to an equal and democratic South Africa,” said an SACP spokesperson.
Addressing Concerns About Language Policies
One of the most debated aspects of the BELA Act is its approach to language policies. Minister Gwarube assured stakeholders that no language would be marginalised under the new law. She highlighted that mother-tongue education has been proven to enhance learning outcomes and stated, “All 13 official languages are protected by our Constitution, and this Act will ensure that each is valued and promoted.”
ANC Secretary-General Fikile Mbalula echoed these sentiments, emphasizing that the Act represents a milestone in dismantling historical inequalities in education. He remarked, “The BELA Act affirms our commitment to equality, inclusivity, and the transformation of our education system.”
The Road Ahead: Public Participation and Regulations
Minister Gwarube stressed the importance of public participation in finalising the Act’s implementation. Draft regulations will undergo a six-month public consultation period, ensuring that all voices are heard.
“Guidelines and regulations take time because of the public participation element, but we are committed to moving at pace,” Gwarube said. The Department of Basic Education is expected to complete the process of drafting and finalising norms and standards by mid-2025.
Legal Challenges and Political Implications
Despite its transformative potential, the BELA Act faces potential legal challenges. AfriForum and the Solidarity Movement have signalled their intent to challenge the Act in court, specifically Clauses 4 and 5. Helen Zille, Federal Chairperson of the DA, acknowledged that while the Act is a step forward, its implementation must be carefully managed to avoid infringing on existing rights.
On the other hand, the ANC has commended President Ramaphosa for his decisive action, with Mbalula stating, “This is a victory for constitutional values and the vision of a united South Africa.”

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