President Cyril Ramaphosa has acknowledged the agreement reached between Minister of Basic Education Siviwe Gwarube and trade union Solidarity concerning the Basic Education Laws Amendment Act (BELA), but emphasized that it would have little impact on the ongoing discussions surrounding the controversial sections of the Act.
During a public signing, Ramaphosa announced a delay in the implementation of sections 4 and 5 of the BELA Act for three months, giving time for further discussions on the contentious issues of school admission and language policies. The President’s spokesperson, Vincent Magwenya, clarified that while Gwarube’s settlement with Solidarity addressed certain issues, it would not influence the ongoing multiparty consultations within the Government of National Unity (GNU).
On November 28, Gwarube revealed that an agreement had been reached with Solidarity concerning her powers in implementing the BELA Act. However, she clarified that this process at the National Economic Development and Labour Council (Nedlac) was separate from the ongoing GNU consultations. These discussions are focused on addressing objections to sections 4(d), 4(f), and 5(c), which have drawn criticism from multiple organizations, including the DA, AfriForum, Suid-Afrikaanse Onderwysunie (SAOU), and the Federation of Governing Bodies of South African Schools (Fedsas).
The contested clauses require school governing bodies to submit language and admissions policies for approval by the provincial education department. The three-month consultation period, which ends on December 13, is intended to resolve these disputes.
Magwenya reiterated that the BELA Act, having already passed into law, is still binding, and the Minister of Basic Education must proceed with its implementation, excluding the disputed sections. He added that the President is committed to transforming the education sector for the benefit of future generations.
Meanwhile, Deputy President Paul Mashatile distanced himself from the agreement brokered by Gwarube, stating that his office had not been involved in the process and that it had not been part of the official GNU discussions. The ANC supported Mashatile’s clarification and criticized the DA for bypassing established procedures.
Solidarity had initially launched a legal challenge through Nedlac on October 1, seeking approval for a protest against the disputed sections, naming both Gwarube and the Presidency as respondents.