President Cyril Ramaphosa has noted the settlement agreement between the Minister of Basic Education and the Solidarity union on the Basic Education Laws Amendment Act (BELA).
While the Act was passed by Parliament in October 26, 2023, and assented to in September 13, 2024, the implementation of sections 4 and 5 have been delayed by three months to allow for multiparty discussions and proposals on resolving the disputes.
''The decision was to afford parties time to deliberate on the issues of admission and language policy contained in the two sections and to submit proposals on how the disputed elements in the sections will be resolved,'' said the presidential spokesperson Vincent Magwenya.
On November 28, the Minister of Basic Education Siviwe Gwarube signed an agreement with the Solidarity union regarding the implementation of the Act.
However, the presidency clarified that this agreement does not influence ongoing deliberations or the President's authority in determining the Act's commencement.
“It is worth noting that Solidarity is just one among many interested parties in the matter," said Magwenya.
''The agreement between the Minister and Solidarity has no bearing — in law or practical effect — on the inclusive multiparty discussions that are underway on sections 4 and 5 of the Act," he said.
''Furthermore, the agreement bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act."
Ramaphosa reiterated that while sections 4 and 5 remain under review, the rest of the BELA Act, now law, must be prepared for implementation without delay.
“It must be noted that the BELA Act was duly passed by parliament and assented to by the President. It is now law. The minister of basic education is enjoined to work towards its implementation, sections 4 and 5 aside," said Magwenya.
He affirmed his dedication to ensuring educational transformation, saying he awaits the outcomes of discussions on the disputed sections before determining a commencement date.
The necessary regulations for the Act will be finalised as part of the president's constitutional duty to advance an inclusive and equitable education system for all South African learners.
“The next step is for the President to determine the date of commencement and for the necessary regulations to be finalised. This will be done without undue delay,” said Magwenya.
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