Congress of South African Trade Unions (COSATU)
By Thabo Mosia
The Congress of South African Trade Unions (COSATU) has voiced its strong support for the Basic Education Laws Amendment (BELA) Act, while dismissing AfriForum’s recent legal threats as unfounded and unlikely to succeed. Zanele Sabela, COSATU’s national spokesperson, described the legal action as a “distraction” and emphasised the importance of implementing the Act to ensure inclusivity and equity in South Africa’s education system.
COSATU’s Response to AfriForum’s Legal Challenge
Sabela criticised AfriForum for opposing the BELA Act, stating:
“AfriForum would do better to prepare sober proposals to be included in the pending regulations than calling ill-tempered press conferences. The BELA Act contains many common-sense and long-overdue progressive provisions that will ensure learners’ rights to dignity and protection.”
She added that the Act promotes inclusivity and diversity by affirming all mother-tongue languages and ensuring provincial oversight on language and admission policies, which will help address discrimination in schools.
The BELA Act: A Controversial Proclamation
The Basic Education Laws Amendment Act, signed into law by President Cyril Ramaphosa on 24 December 2024, has faced widespread criticism from AfriForum and Solidarity. These organisations argue that certain provisions of the Act, including the transfer of power over language and admissions policies from school governing bodies (SGBs) to provincial Heads of Department (HODs), are unconstitutional.
AfriForum CEO Kallie Kriel expressed concerns over the Act’s implications for Afrikaans schools:
“This is an act of aggression against Afrikaans schools and children. The ANC is using the GNU to impose policies that threaten mother-tongue education and constitutional rights.”
Leon Fourie of the Solidarity Support Centre for Schools (SCS) echoed these sentiments, warning that the BELA Act could undermine the balance of power established by the South African Schools Act (SASA).
Legal Grounds for the Challenge
AfriForum and Solidarity claim that the proclamation of the BELA Act ignored rational recommendations made by Minister of Basic Education Siviwe Gwarube. The Minister had proposed delaying the implementation of contentious clauses until norms and standards were finalised. In their legal correspondence, the organisations argue that the Act’s implementation violates constitutional principles and cite previous court rulings that emphasised the importance of SGBs in democratic school governance.
The organisations’ legal arguments are based on:
• The Constitutional Court’s Kruger v President of RSA (2009) ruling, which clarified the President’s powers under Sections 84 and 85 of the Constitution.
• The Pharmaceutical Manufacturers Association of SA v President of RSA (2000) judgement, which asserts that executive actions must be “objectively rational.”
They argue that bypassing Minister Gwarube’s recommendations fails to meet these legal standards.
COSATU’s Confidence in the Act’s Constitutionality
COSATU remains confident that the BELA Act is constitutionally sound and necessary to transform the education system. Sabela stated:
“The Act aims to ensure inclusivity and dignity for all learners, particularly those historically excluded. It is regrettable that its progressive objectives have been distorted by AfriForum and others.”
COSATU called on AfriForum and the Solidarity Movement to cease their opposition and join efforts to improve education for all South African learners.
Political and Civil Society Reactions
The controversy has drawn mixed reactions across political and civil society groups:
• The South African Democratic Teachers’ Union (SADTU): Welcomed the Act as a step toward equity in education.
• Economic Freedom Fighters (EFF): Criticised delays in implementation, accusing the government of pandering to “right-wing coalitions.”
• Democratic Alliance (DA): Supported the proclamation but raised concerns about the lack of accompanying regulations.
ANC Secretary-General Fikile Mbalula described the BELA Act as a “milestone” in education reform, but acknowledged the challenges faced during negotiations within the Government of National Unity (GNU).
The GNU and its Role in the Proclamation
The GNU’s Clearing House Mechanism, a platform for resolving disputes among coalition partners, played a pivotal role in the Act’s proclamation. However, AfriForum and Solidarity have criticised this mechanism, claiming it lacks constitutional standing and undermines Cabinet deliberations.
The DA reportedly supported the proclamation on the condition that Minister Gwarube would issue regulations to mitigate its impact. The absence of these regulations has fuelled further controversy, with opposition groups questioning the integrity of the decision-making process.
Implications for Mother-Tongue Education
One of the key points of contention is the BELA Act’s impact on Afrikaans and other minority languages. While COSATU argues that the Act affirms all mother-tongue languages, AfriForum claims it threatens Afrikaans education by granting provincial HODs the authority to override SGB decisions.
The Act’s proponents counter that these changes are necessary to prevent discriminatory practices and promote inclusivity. They point to instances where SGB decisions have excluded learners based on language or admission policies, highlighting the need for provincial oversight.
Moving Forward: Dialogue or Legal Battle?
AfriForum and Solidarity have called for dialogue to resolve the dispute, proposing a meeting with President Ramaphosa and Minister Gwarube. They have suggested suspending contentious clauses until regulations are finalised. However, they warn that failure to engage within ten days will result in legal proceedings to review and potentially overturn the proclamation.
COSATU, on the other hand, has urged all stakeholders to focus on implementing the Act’s progressive provisions and ensuring its success. Sabela concluded:
“We must work together to build an education system that serves all South Africans. AfriForum and Solidarity should table constructive proposals rather than resorting to theatrics.”

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