South Africa entered a new educational chapter with the recent full implementation of the Basic Education Laws Amendment (BELA) Act. President Cyril Ramaphosa officially signed all sections of the Act, concluding three months of intense consultations among various stakeholders within the Government of National Unity (GNU) and beyond. This landmark decision, finalized on September 13 when the Act was first signed, marks one of the most significant changes to education law since the country's transition to democracy in 1994.
The BELA Act aims to improve oversight and equitable access to education, especially for underprivileged children. Notably, the Act introduces mandatory grade R as the compulsory starting age for schooling, enhances the rights of undocumented children to receive basic education, and reinforces bans on corporal punishment with potential jail time for parents who prevent their children from attending school.
Central to the criticism surrounding the BELA Act were clauses 4 and 5, which garnered significant contention from the Democratic Alliance (DA) and trade union Solidarity. Clause 4 affords the Department of Basic Education greater authority over school admissions, and Clause 5 mandates school governing bodies to submit their language policies for provincial approval. Critics, particularly within the Afrikaans community, argue these provisions undermine mother-tongue education.
During discussions leading up to the final decision, President Ramaphosa emphasized the importance of this Act as part of broader efforts to transform the education system, stating, "I accordingly advised them [GNU parties] I would proceed to sign... to bring the Basic Education Laws Amendment Act...into operation." His remarks reflect the administration's commitment to improving educational standards for all children, regardless of their background.
The support from the GNU clearing house, which comprises leaders from several political parties, including the ANC and minor parties like GOOD and FF-Plus, marked a significant turning point. Following discussions, the GNU collectively endorsed the full implementation of the Act, emphasizing it as necessary for ensuring equitable quality education across language divides.
Contrastingly, the DA raised alarms about the potential erosion of rights concerning mother-tongue education and the influence of school governing bodies over admissions. DA leader John Steenhuisen voiced concerns about the ramifications for Afrikaans language education, stating, "We do not believe the president should sign (the) BELA Bill..." The party's legal representatives were reportedly preparing to challenge the legislation before its final implementation.
Civil organization AfriForum also contested the clauses, expressing fears it would compromise the parental rights afforded under existing educational policies. They may still pursue legal avenues, pending the gazetting of the BELA Act.
Despite opposition, many see this development as a necessary step for education reform. Basic education minister Siviwe Gwarube acknowledged the challenges but also the necessity of aligning policies with the Act's principles. Her department will eventually draft regulations meant to guide implementation, all subject to public scrutiny and participation.
The bill passed through the National Assembly on May 16, 2024, with 223 votes favoring and 78 against, showcasing the mixed political sentiments surrounding the issue. The approval process highlighted not just the divide within the political arena but also the broader societal debates on language rights and educational equity.
While the BELA Act has been met with criticism from some quarters, supporters argue it paves the way for inclusive education where language diversity is respected and safeguarded. Ramaphosa underlined, "No language is diminished but rather valued and promoted.” This statement reflects the government's commitment to uphold the constitutional rights of all South Africans, ensuring access to education irrespective of language barriers.
Looking forward, the government's focus will shift to implementing the statutory policies set forth by the BELA Act, fostering discussions around norms and regulations to support its key tenets. This may include establishing frameworks to evaluate and monitor its effectiveness across various educational settings.
The full implementation of the BELA Act stands as both a momentous change and a contentious issue within South Africa's educational framework, seeking to balance the often conflicting demands of language rights, political accountability, and the universal right to education.
