MEC Matome Chiloane
By Thabo Mosia
Gauteng Education MEC Matome Chiloane has rejected the recent bilateral agreement reached between the Minister of Basic Education, Siviwe Gwarube, the National Economic Development and Labour Council (NEDLAC), and Solidarity regarding the implementation of contentious sections of the Basic Education Laws Amendment (BELA) Act. Chiloane expressed his disappointment, labelling the agreement as an attempt to undermine transformation in South Africa’s education system and protect the interests of a minority.
The BELA Act, signed into law by President Cyril Ramaphosa in September 2024, seeks to modernise school governance, with particular focus on admissions policies and language inclusivity. However, the implementation of sections 4 and 5—relating to provincial heads of departments’ authority to amend school admission policies and language policies—has been delayed for three months following disputes and concerns raised by stakeholders. Critics, including Chiloane, argue that the agreement entered into by Gwarube with NEDLAC and Solidarity undermines the act’s transformational goals and disproportionately favours single-medium Afrikaans schools.
Chiloane’s Critique of the Agreement
MEC Chiloane criticised the bilateral agreement as a “thinly veiled attempt to preserve culture at the expense of transformation.” He raised concerns that the deal effectively “ring-fences” certain public schools, allowing them to maintain exclusivity for specific societal groups. The agreement requires provincial Heads of Departments (HODs) to consult or seek permission from School Governing Bodies (SGBs) before implementing changes to school admissions and language policies. Chiloane warned that this approach gives SGBs undue power to block government-led transformation efforts.
He further emphasised that the agreement disproportionately favours Afrikaans-medium schools, potentially allowing them to resist introducing additional languages even in areas where demographic changes demand inclusivity. “This agreement is an attempt to safeguard the interests of a minority and disregards the broader societal need for transformation in education,” said Chiloane.
The Constitutional Debate
Chiloane highlighted the constitutional principles at stake, pointing out that both national and provincial governments have concurrent legislative authority over education as per Schedule 4 of the Constitution. He criticised Minister Gwarube for failing to consult provincial departments and accused her of making unilateral decisions that impact provincial HODs and MECs. “This approach goes against the collaborative governance principles that our education sector relies on for effective decision-making,” Chiloane stated.
The MEC also reminded the public that the clauses currently under suspension already provide sufficient consultation processes for language and admissions policy changes, ensuring a balance between provincial oversight and school autonomy.
Solidarity and NEDLAC’s Role
The bilateral agreement, facilitated through NEDLAC, emerged after Solidarity and other organisations, including AfriForum, raised objections to the BELA Act, particularly the clauses concerning language policies. Solidarity has argued that the act threatens Afrikaans-medium schools by forcing them to introduce additional languages, even when deemed impractical. Minister Gwarube defended the agreement, stating it aims to address concerns while maintaining dialogue with stakeholders.
However, Chiloane rejected this justification, questioning why the Minister consulted organisations like Solidarity, which represent a narrow interest group, without involving other critical stakeholders. “This one-sided engagement is not representative of the broader South African society and undermines the transformational goals intended by the BELA Act,” he said.
Political Fallout
The agreement has sparked widespread political controversy. Deputy President Paul Mashatile publicly criticised Minister Gwarube, accusing her of acting in bad faith by entering into the agreement without consulting the Government of National Unity’s (GNU) Clearing House Committee, which is tasked with addressing disputes related to the act. Mashatile emphasised that the BELA Act, as a product of Parliament, requires a consultative approach involving all coalition partners and stakeholders.
The Democratic Alliance (DA), to which Gwarube belongs, defended the agreement, with DA Federal Council Chairperson Helen Zille describing it as a constructive solution to avoid potential strike action. Zille praised the statutory process facilitated by NEDLAC, arguing that it fulfilled its purpose of resolving disputes through negotiation. However, Zille’s comments drew criticism from within the ANC, with some members accusing the DA of using the agreement to protect minority interests.
Chiloane Calls for Inclusivity
MEC Chiloane has called for a more inclusive and consultative approach to addressing the transformation challenges in education. He emphasised that the interests of all South Africans must be considered when shaping the future of the education sector. “The Minister’s current approach undermines the collaborative efforts needed to ensure equitable and inclusive education for all learners,” Chiloane said.
The MEC also stressed the importance of ensuring that school policies reflect the demographics and needs of their surrounding communities. He argued that enabling SGBs to block changes to language and admission policies hinders efforts to create inclusive learning environments. “We cannot allow schools to serve as exclusive spaces that do not reflect the diversity of our society,” he added.
National Implications
The ongoing debate over the BELA Act has significant implications for South Africa’s education system. The act aims to strike a balance between government oversight and school autonomy while promoting inclusivity and transformation. However, the controversy surrounding its implementation highlights deep-seated tensions over issues of language, culture, and governance in the education sector.
President Ramaphosa’s decision to suspend the implementation of contentious clauses for three months underscores the government’s recognition of the need for further consultation. The outcome of these deliberations will shape the future of the education system and determine the extent to which the BELA Act achieves its transformational goals.
Stakeholder Reactions
Faith Mazibuko, Gauteng MEC for Social Development, voiced her support for Chiloane’s stance, emphasising the importance of prioritising inclusivity in education. “The BELA Act must serve the needs of all South Africans, not just a select few,” she said.
Meanwhile, Solidarity and AfriForum continue to oppose the act, arguing that it threatens the survival of Afrikaans-medium schools. Minister Gwarube, for her part, has reiterated her commitment to dialogue, stating, “We must never give up on dialogue as a country. Every opportunity for dialogue is an opportunity for progress.”
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