It has no influence: Ramaphosa on Gwarube’s Bela Act deal with AfriForum and Solidarity

President Cyril Ramaphosa’s office is unfazed by an agreement which basic education minister Siviwe Gwarube signed to have certain clauses of the Basic Education Laws Amendment (Bela) Act scrapped.   

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 in schools.   

Solidarity Movement, which protested with the DA against the act, on Thursday said there was an agreement with 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 Onderwysnetwerk.

Presidency spokesperson Vincent Magwenya said the agreement has no power to influence Ramaphosa’s final decision on the matter.

“Minister of basic education [Gwarube] announced that she had signed an agreement with Solidarity on the exercise of her powers and responsibilities on the implementation of the Bela Act. It is worth noting that Solidarity is just one among many interested parties in the matter. The agreement between the minister and Solidarity has no bearing — in law or practical effect — on the inclusive multiparty discussions that are under way,” Magwenya said. 

“Furthermore, the agreement bears no influence on the president’s powers to ultimately take a decision regarding the commencement of the act.” 

The presidency’s remarks came hours after Deputy President Paul Mashatile supported sentiments for Ramaphosa to reject contestation against 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 the ANC is fighting for the clauses not to be excluded.   

“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.   

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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