Ramaphosa advances full implementation of BELA Act

However, the full implementation of two contested clauses was delayed by three months to allow the government of National Unity (GNU) to find a solution to their different views.

The differences were around clause 4, which grants the Basic Education Department greater control over admissions policy, and clause 5, which requires school governing bodies to submit language policies to the provincial head of department for approval.

Ramaphosa said last week, that the GNU clearing house mechanism, which includes parliamentary representatives, submitted a report recommending full implementation of the Act without further amendments.

This decision was endorsed by the leaders of the GNU parties in a meeting with the President.

“I accordingly advised them that I would proceed to sign a Presidential Proclamation to bring the Basic Education Laws Amendment Act into operation from today. I have instructed the Minister of Basic Education, Siviwe Gwarube, to see to the full implementation of the BELA Act,” he said. 

Ramaphosa explained that he has also instructed Gwarube to do what is “necessary” as is customary with any law to ensure that the timeframe of implementation, particularly with regard to the system's preparedness for universal Grade R access, and the consequential regulations setting out the norms and standards are prepared.

“All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law, and the relevant policies and regulations,” said Ramaphosa.

He emphasised that the BELA Act aligns with the constitutional guarantee of every child’s right to basic education.

“The Act is an important part of ongoing efforts to build an education system that is more effective and equitable, in line with the precepts of our Constitution,” he said.

The BELA Act seeks to ensure that all children, regardless of their circumstances, location, or language, have equal access to quality education from their early years through their schooling. Notably, the Act includes measures to support education in all official South African languages, including South African Sign Language."

“This right applies equally to English speakers as it does to speakers of Zulu, Afrikaans, Xitsonga, or any of our other official languages,” Ramaphosa noted.

“In the application of this law, we must ensure that no language is diminished but rather valued and promoted.”

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