Minister of Basic Education, Siviwe Gwarube said guidelines for the implementation of the Bela Act would be ready by January 2025.
The Basic Education Laws Amendment (Bela) Act represents the collective will and desire of the majority to transform South Africa’s basic education system from an apartheid design to a democratic, value-based system that ensures every child’s right to access quality public education.
This was the sentiment expressed by the South African Democratic Teachers’ Union (Sadtu) following President Cyril Ramaphosa’s presidential proclamation signing to bring the act into operation without amendments, announced at the weekend.
“I have instructed the Minister of Basic Education to see to the full implementation of the Bela Act. I have also instructed the Minister to do what is necessary, as is customary with any law, to ensure that the time frame of implementation – particularly with regard to the preparedness of the system for universal Grade R access – and the consequential regulations setting out the norms and standards are prepared. We must do everything in our means to ensure that every child, without exception, has equal access to a decent, quality education,” Ramaphosa said.
While the president had signed the long-awaited bill into law in September already, some parties objected specifically to clauses 4 and 5 as it related to admission and language policies.
Ramaphosa delayed the clauses for “further engagement”.
This caused outrage, with some unions threatening legal action if the Bela Act was not implemented in full.
The act mandates Grade R as compulsory, enforces school attendance, and provides guidelines for admissions, dress codes, inclusivity, and anti-discrimination policies.
It recognises South African Sign Language as a language of instruction. It tightens rules against drugs, alcohol, weapons, corporal punishment, and initiation practices, as well centralising procurement, among others. Sadtu said: “We are happy that the attempts of right-wing formations to manipulate the law for the benefit of a select few were unsuccessful. The integrity of the act has been preserved, ensuring it serves the educational needs of all learners. The act empowers provincial education departments the authority to determine school language and admission policies. We fully support this provision, as some school governing bodies have previously used these policies to unjustly exclude learners from schools.
From the onset, we argued that there was no justification for delaying the implementation of clauses 4 and 5 for further consultation as this undermined the wide-ranging legitimate processes conducted over many years in which all the parties in the Government of National Unity (GNU) participated. The bill was passed with overwhelming support in both the National Assembly and the National Council of Provinces.
“We anticipate the Minister of Basic Education will establish the necessary regulations and policies to facilitate the implementation of the act. We can confirm that the norms and standards are in place and will be adjusted to align with the act.”
Cosatu said while they applauded Ramaphosa’s directive to the implementation of the Bela Act in full, it was critical the DBE move with speed to ensure the necessary regulations, policies, infrastructure and staffing are in place to enable its smooth rolling out.
Cosatu parliamentary co-ordinator Matthew Parks said: “The Bela Act contains many common-sense and long-overdue progressive provisions that will ensure the rights of learners to dignity and protection. It is a tragedy that in the course of the public debate the progressive objectives of the act were subjected to distortions, misinterpretations and confusion.”
Cosatu added that it believed several provisions in the act needed to be reviewed by the 7th Parliament.
“The Federation remains concerned about the DBE’s over-reliance on learner numbers as the criteria for closing or merging schools. This places learners in farming and remote rural areas who live far from schools at a serious disadvantage. Additional criteria need to be included, in particular the distance learners travel to school and the availability of learner transport.
“Cosatu urges the 7th Parliament to be bold and extend the compulsory school years from Grade 9 to 12,” said Parks.
Meanwhile, Gwarube said guidelines for the implementation of the Bela Act would be ready by January 2025.
“I have already instructed my team to immediately develop guidelines that will be sent to public schools and provincial education departments by the end of January 2025. These guidelines will support school governing bodies, provincial education departments in implementing certain sections of the Bela Act. Furthermore, I have instructed the Director-General to continue with the process of developing draft regulations, norms and standards and policy that will inform the implementation of this act. I want these to be published for public participation within the next six months,” the minister said.
Cape Times