‘If there is no solution, what I signed into law is activated’: Ramaphosa talks tough on Bela Act

President Cyril Ramaphosa is adamant that should parties not find middle ground on the contestation of two clauses of the Basic Education Laws Amendment (Bela) Act his decision to sign the act into law will commence despite grievances. 

Ramaphosa signed the act into law in September but delayed the implementation of two clauses, 4 and 5, by three months to allow for further parliamentary discussions. The DA, has rejected the two clauses. The three-month period for parties to finalise proposals on the matter ends on December 13. 

One of the contested clauses proposes changes to the authority of school governing bodies in determining admission policy in state schools. The other clause deals with language.

Speaking to the media during an ANC by-election campaign in Thabazimbi, Limpopo, on Sunday, Ramaphosa said should there be no agreement among parties, this would not stop the commencement of the Bela Act. 

“In the end as the president, I signed the bill into law and I have given three months for solutions to be found. The solutions have to be credible and everyone has to buy into the solutions. My resolve in having given people an opportunity to find solutions should never be abused. It should never be diverted. It should never be downplayed,” he said. 

Ramaphosa was stern that whatever solutions the parties agree should be “broadly” accepted by everyone. ANC bigwigs and alliance partners have publicly encouraged the president to sign the act as it is and not exclude the two clauses as the DA has demanded.

“I am quite resolute in saying that come the 31st of December if there is no solution what I signed into law is activated. There must be a rush to finalise that in a credible way, in a way that has integrity and is broadly acceptable by everyone,” he said.

Solidarity Movement, which protested with the DA against the act, on Thursday said there was an agreement with basic education minister Siviwe Gwarube that the two clauses would not be implemented and she would try to lobby Ramaphosa to agree to that. The settlement was also supported by AfriForum and the Afrikaanse Onderwys Netwerk. 

The president, however, said the settlement had no legal bearing or influence on his decision making. Ramaphosa is expected to take a decision after December 13 whether he will exclude the two provisions which have been contested.

Deputy president Paul Mashatile has supported sentiment for Ramaphosa to reject contestation against the implementation of the two clauses and sign them into law.

Mashatile, speaking at the Steve Tshwete Memorial Lecture on Saturday in the Eastern Cape, said: “There are people who want to remove it. I was reading on social media as I was coming here that there is an agreement somewhere that some of the clauses in the act should be scrapped. We are saying no, we cannot exclude the clauses,” Mashatile said.    

Presidency spokesperson Vincent Magwenya said the president remains committed to his decision to give parties time to submit proposals. 

“The president therefore awaits the outcome of those deliberations. 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,” he said. 

“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. The president is bound by the constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners.” 

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