Despite opposing the BELA Act, the DA said it's satisfied with the implementation

Despite initially strongly opposing the implementation of Basic Education Laws Amendment (BELA) Act, the Democratic Alliance (DA) welcomed its implementation.

This comes after President Cyril Ramaphosa authorised the implementation on Friday.

The DA said it was satisfied that the implementation was being subjected to rational regulations, norms and standards.

The party said it was crucial to note that Ramaphosa's announcement made it clear that the Minister of Basic Education, Siviwe Gwarube, is now tasked with developing regulations as well as norms and standards that will govern the Act, including contentious sections around language and admissions.

"We have full confidence in Minister Gwarube’s ability to introduce fit-for-purpose guidelines that will protect school autonomy from subversion. The fact that a sober-minded DA Minister is tasked with this critical work is a vindication of the DA’s role in the government of national unity (GNU) as the champion of constitutional rights, including the right to mother-tongue education," said DA's national spokesperson, Willie Aucamp.

Aucamp said Ramaphosa's announcement was accepted by all GNU parties involved in the task team including the FF-Plus, GOOD and ANC.

"This has been a grueling process, but this outcome has illustrated that the conflict resolutions of the GNU can work if parties show the necessary goodwill," added Aucamp.

While the Act was passed by Parliament on October 26, 2023, and assented to in September, the implementation of sections 4 and 5 have been delayed by three months to allow for multi-party discussions and proposals on resolving the disputes

DA federal chairperson Helen Zille said the party objected to clauses 4 and 5 on the Basic Education Laws Amendment (BELA) Act, claiming they are "unnecessary" and part of a retaliatory plot against Afrikaans.

Clause 4: seeks to amend sections of the South African Schools Act (SASA). It provides for an admission age, despite the age at which school attendance is compulsory.

As stipulated in section 3(1), a parent may, if he or she so wishes and subject to a few conditions, enroll a child in a school to start attending grade R at a younger age.

Provided that, if a school has limited capacity for admission to Grade R, preference must be given to learners who are subject to compulsory attendance.

It provides that the governing body of a public school must submit the admission policy of the school to the Head of Department for approval.

Clause 5: Seeks to amend section 6 of the SASA to provide for the governing body to submit the language policy of a public school, and any amendment thereof, to the Head of Department for approval.

Meanwhile, Gwarube said she had long held that the Act should be implemented with the support of National Regulations, Policy and Norms, and Standards that have been developed, publicly scrutinised and finalised in the best interests of learners.

She said she had instructed the Department of Basic Education to begin the process of drafting these National Regulations, Policy and Norms and Standards.

"It must be noted that this process takes time. Once these have been drafted, they will need to go through the necessary public participation processes after which full implementation can take place," she added.

Member of Parliament and Rise Mzansi leader, Songezo Zibi welcomed the announcement saying the decision aligns with the party's long-held view that the law passes legal muster, and that any contestation to the BELA Act must be put before the courts.

"This law is a vital piece of legislation that, if implemented properly and with sincerity, will go far in furthering access to basic education for all South Africans, regardless of race, class or locality.

"What is now of importance and urgent, is for the Minister of Basic Education, Siviwe Gwarube, to formulate the relevant norms, standards and guidelines," said Zibi.

Zibi added that the Act is not an assault on any language, but rather is about access, equality and the advancement of all of South Africa’s languages.

sinenhlanhla.masilela@iol.co.za

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