Ramaphosa to Decide on BELA Act
By Karabo Marifi
The Presidency has confirmed that President Cyril Ramaphosa will issue an advisory on the implementation of the Basic Education Amendment Laws (BELA) Act following the conclusion of the mandated three-month consultation period. The Act, which was signed into law in September 2024, has stirred widespread debate due to its contentious clauses on language and school admission policies.
Friday, 13 December 2024, marks the deadline for stakeholders to resolve differences over these clauses, particularly sections four and five. While many groups have made their submissions, divisions remain sharp, leaving the President with the challenging task of determining the next steps.
The Controversial BELA Act
The BELA Act is a legislative overhaul aimed at advancing inclusivity and equality within South Africa’s education system. Among its key provisions is the transfer of authority over school admissions and language policies from school governing bodies to provincial governments.
While proponents argue the Act is a necessary step toward equitable access to education, critics contend it infringes on the autonomy of schools and undermines the preservation of minority languages, particularly Afrikaans.
President Ramaphosa suspended sections four and five of the Act shortly after its signing, citing the need for further consultation to address stakeholder concerns.
Stakeholder Concerns and Submissions
Solidarity and AfriForum: Defending Afrikaans
Solidarity and AfriForum, two prominent minority rights organisations, have been at the forefront of opposing the BELA Act. They argue that the legislation unfairly targets Afrikaans schools, threatening their survival as cultural and linguistic hubs.
Werner Human, operations head at Solidarity, remarked:
“You shouldn’t try and achieve equality in brackets by taking away Afrikaans. That’s the spirit of the Constitution as well. You should retain what you can regarding what has developed and where we are, and then advance other languages.”
The groups have accused senior ANC leaders, including Gauteng Chairperson Panyaza Lesufi and Education MEC Matome Chiloane, of politicising the debate.
“Chiloane and Lesufi created a narrative to say that these schools that have Afrikaans instruction, they are actually hampering access to black learners, and they express it in racial terms,” Human added.
SADTU and ANC Alliance Partners: Urging Implementation
The South African Democratic Teachers Union (SADTU), a significant stakeholder in the education sector, has called on President Ramaphosa to implement the BELA Act in its entirety. SADTU spokesperson Nomusa Cembi noted that the union submitted a formal request earlier this week, urging the President to prioritise inclusivity.
“We haven’t received anything yet, but we sent a letter on Monday demanding that those two clauses be implemented,” Cembi said.
SADTU’s stance is echoed by ANC alliance partners, including the South African Communist Party (SACP) and COSATU. Speaking at the SACP’s Special National Congress, Lesufi emphasised the urgency of implementing the BELA Act to dismantle racial barriers in education.
“We are urging our President to do one thing and one thing only: to allow the implementation of the BELA Act without any further delay,” Lesufi stated.
SACP chairperson Blade Nzimande dismissed concerns about the Act’s impact on Afrikaans, arguing that language rights should not be used to protect privilege.
The Democratic Alliance’s Opposition
The Democratic Alliance (DA) has staunchly opposed the BELA Act, particularly the contentious clauses, which they view as an overreach by provincial governments. DA leader John Steenhuisen has accused the ANC of undermining the Constitution and the principle of mother-tongue education.
Steenhuisen defended Minister of Basic Education Siviwe Gwarube, who skipped the Act’s signing ceremony in protest, stating:
“Any deviation from the rule of law and the Constitution will not be tolerated. We stand by our commitment to inclusive education reforms that respect minority rights.”
Consultation Process and Legal Framework
The consultation period was conducted through the Government of National Unity’s (GNU) clearing house mechanism, providing a platform for all stakeholders to voice their concerns. Solidarity lodged a formal dispute at the National Economic Development and Labour Council (NEDLAC), which resulted in a settlement.
However, the settlement clarified that the conclusion of the consultation period does not automatically trigger the Act’s implementation. President Ramaphosa will review submissions and issue an advisory outlining the way forward.
Key Points of Contention
1. Language Policy: Critics argue that the Act erodes Afrikaans as a medium of instruction, while supporters view it as a necessary move toward inclusivity.
2. School Governance: The transfer of authority over admissions and language policies to provincial governments has raised concerns about centralisation and the loss of community control.
3. Equity vs. Heritage: The debate pits the need for equitable access to education against the preservation of cultural and linguistic heritage.
What Lies Ahead?
President Ramaphosa’s forthcoming advisory will shape the trajectory of South Africa’s education reforms. His decision must balance the competing interests of inclusivity, constitutional values, and the preservation of minority rights.
Political Implications
The BELA Act has become a flashpoint in South African politics, highlighting tensions within the ANC alliance and between the government and opposition parties. The ANC’s alliance partners are likely to rally behind the President if he moves to implement the Act in its entirety, while opposition groups may escalate their campaigns to protect Afrikaans schools.
Legal Challenges
Legal experts anticipate potential challenges to the Act’s implementation, particularly from minority lobby groups. Any decision by President Ramaphosa will likely face scrutiny in the courts, adding a layer of complexity to an already contentious issue.
Public Reaction
The BELA Act has polarised public opinion, with communities divided over its implications. Advocacy groups on both sides have called for constructive dialogue to ensure that South Africa’s education system promotes equality without compromising cultural heritage.
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