South Africa's Basic Education Laws Amendment (BELA) Act has officially come fully operational as of Friday following President Cyril Ramaphosa's authorization. The act aims to reform the education system, particularly affecting policies around admissions and the languages used within schools.
The announcement, made by Presidency spokesperson Vincent Magwenya, follows weeks of debate concerning clauses 4 and 5 of the act. These clauses have drawn backlash from several political parties, especially the Democratic Alliance (DA), which argues against what they perceive as detrimental changes to the current education framework.
"The DA objects to clauses 4 and 5, deeming them unnecessary and part of a retaliation against Afrikaans language provisions," stated Helen Zille, chairperson of the DA.
Originally signed by Ramaphosa on September 13, the BELA Act saw its two contentious sections undergoing additional consultation, extending the timeline prior to its full enactment. Clause 4 alters certain stipulations of the South African Schools Act (SASA) concerning admission age policies, allowing earlier enrollment for children starting Grade R with priority admission for those subject to compulsory school attendance. Clause 5 requires public school governing bodies to obtain approval from the provincial head of department for their language policies.
After three months of consultations, which involved various factions from within the Government of National Unity (GNU), Ramaphosa received recommendations supporting the act's full implementation. The President instructed Basic Education Minister Siviwe Gwarube to oversee the effective rollout of the BELA Act.
“I have instructed the minister to do what is standard protocol to implement this law confidently and with compliance to the Constitution,” Ramaphosa stated. He emphasized the importance of readiness, particularly concerning universal Grade R access.
Minister Gwarube has committed to drafting regulations, norms, and standards to clarify the implementation of the act. "These policies aim to provide legal clarity on sections 4 and 5, which have been subject to prolonged consultations," she affirmed.
The act's introduction has reignited protests from various civil organizations, including AfriForum and Solidarity, who are concerned about potential negative impacts on educational language rights and admission fairness. They argue the BELA Act could allow for discrimination against Afrikaans speakers and undermine existing language policies.
On the other hand, the African National Congress (ANC) publicly supports the full implementation of the BELA Act. ANC Secretary General, Fikile Mbalula, stated, "This marks another step toward transforming South Africa's education system by ensuring equitable access for all." He urged the Department of Basic Education to act swiftly to finalize guidelines and standards.
Despite the controversy, Ramaphosa reiterated the government's commitment to uphold constitutional rights pertaining to education. "Every child must receive educational opportunities regardless of their language background or where they come from," he emphasized.
The act's implementation signifies one of the most significant moves toward the transformation of South Africa's education since the establishment of the new democratic government. By aligning educational policies with constitutional mandates, the BELA Act attempts to address long-standing inequalities and make strides toward inclusion.
Critics worry, though, about how these new policies will impact the specific language rights of various communities. Ramaphosa acknowledged these concerns and emphasized the government’s charge to champion all 12 official languages and sign language to promote inclusivity.
"We must celebrate our diversity without diminishing any language," Ramaphosa affirmed, underscoring the necessity for all schools to adopt measures ensuring every official language is valued and promoted.
