Basic Education Minister Siviwe Gwarube has reaffirmed her commitment to the full implementation of the Basic Education Laws Amendment (BELA) Act. Following President Cyril Ramaphosa’s directive last Friday, Gwarube announced guidelines for the Act’s rollout would be sent to public schools by January 2025. The Act, hailed as transformative, seeks to address historical inequities in school admissions and language policies, among other issues.
President Cyril Ramaphosa’s directive follows months of debate over contentious clauses within the BELA Act, particularly Clauses 4 and 5. Clause 4 grants the Department of Basic Education more control over school admissions, whereas Clause 5 requires school governing bodies to submit language policies to provincial heads of education for approval. The President emphasized the need for progress, stating, “We must ensuring no language is diminished and every child, without exception, has access to quality education.”
Gwarube outlined her vision for implementation, declaring, “I want to make it abundantly clear this Act will be implemented, and its implementation will be led by me.” She has tasked her team with developing comprehensive guidelines by January 2025, addressing concerns from various stakeholders.
Mixed reactions have emerged around the BELA Act's implementation. The South African Democratic Teachers’ Union (SADTU) praised the Act as overdue. “This Act ensures no learner is left behind, and it empowers provinces to enforce equitable language and admission policies,” the union stated. Conversely, Afriforum expressed strong opposition, cautioning against perceived threats to Afrikaans-medium education. Its spokesperson, Werner Human, remarked, “We are prepared to challenge any attempt to diminish mother-tongue education.”
Other organizations such as the Solidarity Movement voiced their readiness to take legal action against potential intimidation during the Act’s implementation. While the Democratic Alliance (DA) supports Gwarube’s leadership, they maintain the need for clearer regulations to protect school autonomy, echoing concerns about Clauses 4 and 5. Its leader, John Steenhuisen, insisted, “Contested clauses must be governed by norms and standards to safeguard the constitutional right to mother-tongue education.”
The Economic Freedom Fighters (EFF) have voiced support for the BELA Act’s efforts to dismantle apartheid-era language hierarchies, urging swift implementation to promote inclusivity. Meanwhile, the South African Communist Party (SACP) celebrated the Act, labeling it “a victory for non-racialism.”
One of the most debated aspects of the BELA Act centers on language policies. Gwarube asserted all languages would be safeguarded under the new law. “All 13 official languages are protected by our Constitution, and this Act will promote each,” she said. ANC Secretary-General Fikile Mbalula echoed these sentiments, emphasizing the Act's role as a milestone against historical inequalities.
Public participation is emphasized as key to finalizing the Act’s implementation phases. The department will undergo public consultation over regulations, which will be open for six months. “Guidelines and regulations take time because of the public participation element, but we are committed to moving at pace,” Gwarube asserted. They expect to finalize norms and standards by mid-2025.
Despite the positive intentions behind the BELA Act, potential legal challenges loom. AfriForum and the Solidarity Movement expressed intent to challenge Clauses 4 and 5, raising concerns about unconstitutionality. Helen Zille, DA’s Federal Chairperson recognized the need for cautious implementation to prevent infringement on existing rights. Conversely, the ANC applauded President Ramaphosa's decisive move to enact the Act, with Mbalula asserting, “This is a victory for constitutional values.”
With extensive political discussion underway and assured timelines, the BELA Act promises to reshape South Africa's educational contours. A commitment to inclusivity and quality education unites various political factions as they navigate the implementation, ensuring all stakeholders’ voices carry merit on the road forward.
