siviwe gwarube
By Thabo Mosia
Basic Education Minister Siviwe Gwarube has entered into a bilateral agreement with trade union Solidariteit to present their recommendations on the Basic Education Laws Amendment (BELA) Bill to President Cyril Ramaphosa. This collaboration focuses on the bill’s contentious clauses concerning school admissions and language policies.
The BELA Bill, signed into law in September 2024, aims to amend the South African Schools Act and the Employment of Educators Act to modernise and streamline governance within the education sector. However, clauses 4 and 5, which grant provincial heads of education departments authority over school admissions and language policies, have sparked significant debate. Critics argue that these provisions could undermine the autonomy of School Governing Bodies (SGBs) and potentially infringe upon the right to mother-tongue education.
In response to these concerns, Minister Gwarube has pledged to appeal to the president to delay the implementation of clauses 4 and 5 until comprehensive regulations are established. These regulations would require provincial heads of departments to consider factors such as community interests, applicable feeder zones, plans for additional schools in the area, and the capacity of existing schools before making decisions on admissions and language policies.
The agreement with Solidariteit was facilitated through the National Economic Development and Labour Council (NEDLAC) after the union declared a dispute with the minister. Solidariteit, along with other organisations like AfriForum, has been vocal in opposing the bill, particularly the clauses that could affect Afrikaans-medium schools. They argue that the bill threatens the survival of Afrikaans schools by imposing additional languages of instruction, even when it is impractical or unnecessary.
Minister Gwarube’s stance has also drawn reactions from various political entities. The Democratic Alliance (DA), to which Gwarube belongs, has expressed concerns that the bill violates South Africans’ right to mother-tongue education and undermines the autonomy of SGBs. DA leader John Steenhuisen has warned that the bill’s passage could jeopardise the stability of the Government of National Unity (GNU), as it contradicts the spirit of cooperation underpinning the coalition government.
Despite these challenges, Minister Gwarube remains committed to ensuring that the BELA Act serves the best interests of learners. She has emphasised the importance of meaningful engagement and dialogue to address the concerns raised, stating, “We must never give up on dialogue as a country. Every opportunity for dialogue is an opportunity for progress.”
President Ramaphosa has allowed a three-month consultation period on the most controversial sections of the bill before full implementation. This decision underscores the government’s recognition of the need for further deliberation to balance the objectives of the BELA Act with the concerns of various stakeholders.
As the consultation process continues, the focus remains on developing regulations that will guide the implementation of clauses 4 and 5. These regulations are expected to address issues related to deviating from a school’s admissions policy and ensure that decisions are made in the best interests of the community and learners.
The outcome of these consultations will significantly impact the future of South Africa’s education system, particularly regarding the balance between government oversight and the autonomy of individual schools. Stakeholders across the spectrum are keenly awaiting the final decisions, which will shape the educational landscape and address longstanding challenges in the system.
In the meantime, Minister Gwarube continues to engage with various stakeholders, including political parties, unions, and community organisations, to find common ground and ensure that the implementation of the BELA Act aligns with the constitutional rights of all South Africans.
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