The full implementation of the Basic Education Laws Amendment (BELA) Act, signed by President Cyril Ramaphosa, has sparked widespread debate across South Africa. The Act, particularly its contentious clauses on language and school admission policies, has drawn criticism from political parties and civil society groups. Despite being signed in September, Federation of Governing Bodies of South African Schools (FEDSAS) CEO Jaco Deacon highlighted the Act's failure to be fully promulgated in the government gazette as of now. “The legislative process has spanned more than seven years, involving consultations, emotions, and even court threats. Now, we have finality,” he stated during an interview with Radio Islam International.
The BELA Act formalizes Constitutional Court rulings on school admissions and language policies but leaves room for continued debate. While school governing bodies retain decision-making powers, the Department of Basic Education can intervene under due process. This balance aims to streamline contested areas like language and admissions, but concerns remain over the practical ramifications of such policies. “Mother-tongue education is vitally important for quality learning,” Deacon pointed out, noting, “Yet, language policies stir strong emotions and will likely remain contentious.” Regulations due for 2025 aim to address these challenges, providing clearer norms and standards for school capacity and admissions.
Among the groups particularly apprehensive are Afrikaans schools in Gauteng. Deacon revealed past provincial efforts targeted Afrikaans-medium schools, and the current BELA Act might be leveraged to continue these actions. He stressed, though, the root issue lies with insufficient school infrastructure. “Over the past decade, Gauteng has only added five new schools, which is simply inadequate for the province’s educational demands.”
The education minister, Siviwe Gwarube, has initiated discussions to refine regulations governing the Act, with public commentary on draft regulations expected early next year, and implementation likely to occur in the latter half of 2025. Highlighting the political turn, the ANC’s recent claims of success after securing the full implementation of the BELA Act were labelled hollow by critics. While Ramaphosa signed the BELA Act, he had previously suspended two contentious clauses related to language and admissions following protests from the DA.
Political expert Professor Lesiba Teffo expressed skepticism about how the Act’s implementation will positively impact African languages, stating, “You can introduce African languages at schools, but as long as African students aren’t taking up those languages, it becomes pointless.” Teffo argued the ANC government should have promoted African languages immediately upon taking power in 1994, lamenting the failure of political will to rejuvenate African languages and knowledge systems.
The DA has since conditioned its support on the development of regulations and norms by Gwarube, viewing her appointment as pivotal to protect school autonomy. DA federal leader John Steenhuisen commented, “This outcome shows how the conflict resolutions of the GNU can work when parties exhibit goodwill.”
Despite Ramaphosa’s signing, Teffo warned it could take several months before the Act is fully implemented, indicating, “It will take anything up to 18 months.” Others see Gwarube as capable of drafting fit-for-purpose guidelines to steer this transformative legislation effectively.
Highlighting the educational sector's experimentation with these regulations, the GOOD Party emphasized their endorsement of the BELA Act. They critiqued narratives positing it as a negative attempt against Afrikaans speakers and illustrated how adaptation is possible through community engagement. Such sentiments were echoed through practical examples of how the Act has already found implementation routes, particularly noting developments at institutions like Hoërskool Tulbagh.
Overall, the rollout of the BELA Act signifies significant shifts within South Africa’s education system. Stakeholders are aware of the upcoming challenges, especially concerning language, admissions, and capacity—all key focal points for the country’s educational future. The continuing discourse surrounding the BELA Act reveals how deeply intertwined education policies are with broader societal issues within South African communities.
