Solidarity says its agreement with the basic education department and the presidency regarding the Basic Education Laws Amendment (Bela) Act is legal and cannot be rejected.
The agreement, signed on November 27, states that the contested Bela clauses will no longer come into force on December 13 as gazetted, but that the agreement stipulates that norms and standards, regulations and national policy must first be finalised before the articles can be implemented.
This reaction comes after comments by President Cyril Ramaphosa's office declaring that the agreement has no bearing or influence on his final decision on the implementation of Bela should the aggrieved parties not ventilate their issues successfully in the GNU clearing house.
His deputy Paul Mashatile echoed these sentiments, pushing back on DA demands to have certain clauses of the Bela Act scrapped.
“We will continue to invest in the promotion of our indigenous languages. It is in this regard that we are convinced that we in government were correct to get the Bela Bill passed by parliament. 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.
Solidarity CEO Dirk Hermann poured cold water on these comments, saying they show the deep divisions that exist within the former ruling party.
“Mashatile, who is part of the presidency, criticised the agreement, but he is also bound by the agreement. This indicates divisions within the ANC which are also reflected in the presidency.”
Hermann suggested that this agreement should be punted as a solution to the dispute without isolating any interested party as a loser.
“We believe it to be a breakthrough agreement which serves mother tongue education. The minister and the president can simply fulfil their respective duties. President Ramaphosa cannot put the Bela articles into effect on his own authority, especially if the minister advises him otherwise.
“The necessary norms and standards must first be developed, which can take up to 18 months. The settlement also confirms the different roles of the minister of basic education and the president: the role of the president with regard to the Bela Act is to assent to and proclaim the commencement of the provisions of the act.”
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.
“With regard to language and admission policy, the school’s immediate environment and/or its feeding zone, and not the larger education district, must be taken into account. The execution of the recommendations also does not exclude the possibility that there may be a need for future legislative amendments to section 4 and 5 of the Bela Act,” said Hermann.
Should President Ramaphosa, for some inexplicable reason, put the articles into effect, Solidarity, with the agreement in hand, will go to court. Solidarity is in a very strong position here.
— Dirk Hermann, Solidarity CEO
The labour union insists that this will form part of a process in which minister Gwarube will make comprehensive recommendations to Ramaphosa for his due consideration.
Hermann warned that Solidarity will take the battle to the courts should the president proceed with full implementation.
“The compromise already exists within the agreement with the presidency — an agreement reached through discussions with government. Should President Ramaphosa, for some inexplicable reason, put the articles into effect, Solidarity, with the agreement in hand, will go to court. Solidarity is in a very strong position here. We, however, prefer not to go the legal route and remain hopeful that the articles will be reviewed to respect mother tongue education, and Afrikaans single medium schools.”
Ministerial spokesperson Lukhanyo Vangqa insisted that basic education minister Gwarube will honour the commitments made to present to the president certain recommendations on the commencement arrangements for the Bela Act for his consideration.
The ministry revealed that the presidency is a signatory to the agreement which has not only been cosigned by the ministry and Solidarity, but also by presidency deputy director-general Matsietsie Mekoa.
“The agreement was a result of a negotiated Nedlac settlement emanating from a statutory process. All three parties involved in the Nedlac process have, through their mandated representatives, been in constant communication with each other and their respective principals. This is what allowed the matter to reach a settlement.”
However, this settlement is separate from and does not serve as a substitute for the GNU clearing house process.
Despite the snag, the minister's office maintained that the section 77 process is legal and open to any trade union in the country.
“Solidarity remains committed to the Nedlac settlement that they signed. The Nedlac process does not displace any other process in the country and the matter raised has now been settled under the signed agreement.
Gwarube is seeking a cessation of the controversies surrounding the bill.
“The minister wishes for the issues around the Bela Act to be resolved speedily so that the act can be properly implemented in the best interests of all 13.5-million learners in our system, not in the interest of any political actor.”
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