Call for immediate implementation of BELA Act

As schools closed this week, marking the end of the academic year there is mounting pressure on President Cyril Ramaphosa to implement the Basic Education Laws Amendment (BELA) Act in its complete form.

The legislation which seeks to bring an end to the inequalities in the country’s education system by ensuring among others, access to top public schools for pupils has been received with mixed reaction.

The call for the swift implementation of the Bela Legislation was made by a number of role-players including political parties and education activists and interest groups who cautioned Ramaphosa against any delays based on political reasons.

In a joint statement this week, the Equal Education Law Centre and Equal Education noted that the President’s self-imposed three-month consultation period came to an end on December, 13, and warned that any further delay in implementing BELA would potentially raise serious constitutional concerns.

“This moment presents an opportunity for the Government of National Unity to demonstrate its commitment to democratic processes and the will of the people over privileged and narrow political interests,” the education lobby groups said in a statement.

They noted that when addressing the media, the President stated that other than sections 4 and 5, the BELA Act would be implemented immediately.

“Although the BELA Act was signed on 13 September 2024 and assented to on 16 September 2024, a presidential proclamation fixing the date of commencement has not yet been published. As far as we are aware, the President has not proclaimed any date for any provisions of the BELA Act to come into effect. Therefore, no matter what the President has stated to the media, no part of the BELA Act has yet come into operation,” the statement continued.

The lobby groups also cautioned against any cosying from the president or making concession that undermined the democracy process and public participation that the legislation had gone through.

“We urge President Ramaphosa to bring the entire BELA Act into force without delay. The Act, which underwent numerous rounds of rigorous public consultation was duly passed through both the National Assembly and National Council of Provinces, and represents a crucial step towards dismantling historical educational inequities.” They also warned about how the implementation of the act would set the tone for the Government of National Unity.

“This moment will set a critical precedent for how the GNU navigates the balance between political compromise and democratic principles. The decision on BELA’s implementation will reveal whether political negotiations within the GNU will take precedence over the voices of the people they govern – voices that were clearly expressed through extensive public participation and parliamentary processes,” the statement concluded.

ANC chief whip Mdumiseni Ntuli said they were satisfied with the entire process regarding the BELA Legislation and were also keen on seeing its rollout soon. He indicated that, as expected in the last round of discussions, the DA and its partners in Freedom Front Plus were against some sections of the act. “We (ANC, PAC, Good Party and UDM agreed that the legislation should be implemented in its entirety,” said Ntuli.

He also expressed confidence that they were on a solid legal ground on the matter.

Ntuli said one of major misrepresentation from parties opposing the legislation was the suggestion that it aimed to get rid of Afrikaans when this was not the case.

According to Presidency spokesperson Vincent Magwenya Ramaphosa was set to take his time on the report. “The president will be going through the report from the GNU clearing house process, and thereafter, he will indicate the way forward,” said Magwenya.

University of Stellenbosch academic, Professor Michael le Cordeur said the debate merely reflected the country’s divisions that are based on economic inequalities.

He described the current standoff between the ANC and the DA as an illustration of a country that is battling to break away from its past and stepping into the future.

He noted how in the past well- funded education institutions had ensured had given the white community a quantum leap when compared to their black counterparts, and how government was attempting to bridge the gap.

“Education is about the heart and soul of a country that is why there are such attitudes from both sides of the equation “said Professor le Cordeur.

He said the task would demand a great amount of wisdom, especially in a country of vast inequalities like South Africa.

“I believe that if there are no concessions reached between the opposing sides the Bela Legislation may just prove to be the straw that breaks the camel’s back in terms of the Government of National Unity. It therefore calls for a great deal of wisdom from the opposing sides,” said the professor.

He noted the act’s two contentious parts regarding language policy and the powers of Student Governing Bodies when it came to the admission of pupils and insisted that while there were two strong opposing ends there was a middle ground.

He warned that the role players needed to find a compromise and enable the country’s next generation to step into the future on equal footing.

He stressed the importance of addressing the differences and the immediate rollout of the legislation citing how the matter was increasing becoming a race against time.