SADTU
By Thabo Mosia
The South African Democratic Teachers’ Union (SADTU) has strongly criticized the guidelines for the Basic Education Laws Amendment (BELA) Act issued by Minister of Basic Education Siviwe Gwarube, labelling them as “unlawful” and “politically driven.” The union’s General-Secretary, Mugwena Maluleke, has questioned the legal basis and authority of these guidelines, accusing the minister of overstepping her powers and causing confusion in the education system.
Background: What is the BELA Act?
The Basic Education Laws Amendment (BELA) Act of 2024 is a landmark law in South Africa aimed at transforming the education system. Signed into law earlier this year, it updates the South African Schools Act of 1996 and the Employment of Educators Act of 1998. The Act focuses on key issues like school admissions, language policies, and the powers of school governing bodies (SGBs). It’s designed to promote fairness, equality, and access to quality education for all South African learners.
The BELA Act has sparked heated debates since its introduction. Supporters say it’s a step towards inclusivity, tackling historical inequalities in education. Critics, however, argue it threatens the autonomy of schools, especially when it comes to deciding who gets admitted and what languages are taught. To guide its rollout, Minister Gwarube recently published guidelines, but these have only fuelled the fire.
The Guidelines: What’s the Fuss About?
Minister Siviwe Gwarube, a Democratic Alliance (DA) member and part of the Government of National Unity (GNU) formed in 2024, issued these guidelines to clarify how the BELA Act should be implemented. The guidelines say the government can’t make snap decisions about a school’s language or admission policy. Instead, there must be clear steps, including input from parents and SGBs, before any changes happen. They also stress that provincial Heads of Department (HODs) can’t just impose rules based on a district’s overall demographics—each school’s unique situation must be considered.
On paper, this sounds reasonable. But SADTU, the country’s biggest teachers’ union, isn’t buying it. They’ve called the guidelines “unlawful” and a “politically motivated move” to stall the Act’s full implementation. Other groups, like the National Professional Teachers’ Organisation of South Africa (Naptosa) and the Freedom Front Plus (FF Plus), have also weighed in, adding layers to an already complex debate.
SADTU’s Hard-Hitting Criticism
SADTU isn’t holding back. Mugwena Maluleke, the union’s General-Secretary, has accused Minister Gwarube of being “confused about her legal authority.” He argues that under South Africa’s Constitution, the minister can only issue regulations, not guidelines. “The law is clear that the minister is only allowed to make regulations, not guidelines,” Maluleke said, pointing to what SADTU sees as a legal overreach.
The union claims these guidelines are a “political gimmick” tied to the DA’s agenda. They believe Gwarube is using them to push her party’s views, which often clash with SADTU’s push for centralised control and equity in education. “Sadtu can only deduct from her actions that the minister is seeking to cause confusion with her political gimmick of pushing her DA’s agenda of the BELA Act,” Maluleke added.
SADTU’s frustration goes further. They’ve called on schools, SGBs, provincial education MECs, and HODs to “ignore these so-called guidelines” completely. “We further call on all institutions of learning and school governing bodies to ignore these so-called guidelines,” Maluleke declared, urging education officials not to share them with schools. For SADTU, the process needs to be “lawful and sped up,” not bogged down by what they see as dodgy tactics.
Other Voices in the Debate
While SADTU’s stance is loud and clear, other groups have mixed feelings. Naptosa, another major teachers’ organisation, has taken a more measured approach. Spokesperson Basil Manuel welcomed the idea of stakeholder consultation but raised red flags about the guidelines’ flaws. “Without enforceable obligations, there is a risk of inconsistent implementation across provinces,” Manuel warned. He highlighted concerns over critical issues like compulsory Grade R, language policies, admissions, and SGB roles.
Naptosa’s also worried about a specific recommendation: that early childhood development (ECD) centres should offer Grade R and register as independent schools. Manuel argued this could strain resources and create practical headaches for centres already stretched thin. Still, Naptosa reaffirmed its commitment to “equitable, legally sound policies that support quality public education for all.”
The FF Plus, a political party, sees the guidelines as a half-win. MP Dr Wynand Boshoff said they “partially removed the sting of contentious aspects of the Act, but only for the time being.” He noted that the guidelines limit HODs’ power to meddle in school language and admission policies, which the party supports. But he cautioned that they “do not carry the same legal weight as an Act of Parliament.” A future minister could scrap them without parliamentary approval, leaving schools vulnerable again.
Then there’s AfriForum, Solidarity, and the Solidarity School Support Centre (SOS). These groups called the guidelines a “tactical breakthrough” for schools, especially Afrikaans-medium ones facing overcrowding. “Although these guidelines are a tactical breakthrough, the BELA battle is far from over,” they said in a joint statement. They see the guidelines as offering “some basic protection” but not fixing the Act itself. For them, it’s a small step forward in a much bigger fight.
Why the BELA Act Matters
To understand this clash, we need to dig into why the BELA Act—and these guidelines—hit such a nerve. South Africa’s education system still carries scars from apartheid, with unequal access and resources a daily reality for many. The Act aims to level the playing field, making sure every child gets a fair shot at quality education, no matter their background.
Two big sticking points are Sections 4 and 5 of the Act, which deal with school admissions and language policies. These sections give HODs more say over who gets into schools and what languages are taught, often overriding SGBs. Critics, including SADTU’s opponents, argue this could force schools to abandon mother-tongue education—like Afrikaans—in favour of English or other widely spoken languages. Supporters say it’s about inclusivity, ensuring schools don’t exclude learners based on language or race.
The guidelines try to bridge this gap by requiring consultation and protecting rights under the Bill of Rights. “Discrimination based on race, language, religion or sexual orientation remains prohibited,” Boshoff explained, citing the guidelines’ nod to the Constitution. They also clarify that HODs must look at a district’s linguistic needs and other schools’ capacities before making changes. But for SADTU, this isn’t enough—they want the Act rolled out fully, without what they see as political interference.
New Angles: What Else is Happening?
Beyond the guidelines, there’s more to this story. Recent developments show just how tense things are. Parents and community groups have staged protests in provinces like Gauteng and the Western Cape, demanding clarity on how the Act will affect their schools. Some Afrikaans-speaking communities fear losing their cultural identity if mother-tongue education takes a hit. Meanwhile, rural schools worry about being overlooked as urban areas dominate the debate.
Another twist: the GNU’s fragile coalition. With the DA, ANC, and other parties sharing power, education policy is a battleground. The DA, Gwarube’s party, has long pushed for school autonomy, while the ANC—and allies like SADTU—lean towards state control. The guidelines reflect this tug-of-war, trying to balance consultation with authority, but pleasing no one entirely.
There’s also the practical side. Making Grade R compulsory, as the Act proposes, sounds great—but who’s paying for it? Schools and ECD centres are already short on teachers, classrooms, and funds. The guidelines’ suggestion that ECD centres register as independent schools has sparked panic, with some saying it’s a recipe for chaos in an underfunded sector.
The Bigger Picture: Education in Crisis?
This isn’t just about guidelines—it’s about South Africa’s education future. The country faces sky-high dropout rates, underperforming schools, and a teacher shortage. The BELA Act was meant to fix some of this, but the fight over its rollout shows how hard change is. Stakeholders agree on one thing: the system’s broken. They just can’t agree on how to mend it.
For SADTU, the guidelines are a roadblock to progress. For others, they’re a lifeline, softening the Act’s sharper edges. “The BELA battle is far from over,” AfriForum and Solidarity warned, and they’re right. With legal challenges looming and public pressure mounting, this saga’s next chapter is anyone’s guess.
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