The ANC is in a predicament to show its dominance within the government of national unity (GNU) and has implored President Cyril Ramaphosa to implement the Basic Education Laws Amendment (Bela) Act without changes, despite unhappiness from GNU partners.
The negotiation period for GNU partners to find a resolution on two clauses of the act that were rejected by the DA ends on Friday. Ramaphosa is expected to make a decision on the matter “without undue delay”.
Speaking to TimesLIVE Premium on Thursday outside the SACP fifth special national congress on Thursday in Boksburg, ANC national spokesperson Mahlengi Bhengu-Motsiri said the party wanted the act implemented in its entirety “soon”. Several leaders of the ANC have urged the president to implement the act in its entirety.
“We will say to the president that we would like to see the implementation of all the clauses of the Bela Act proceed. Unless there is something that happens between now and that time [of commencement of the act]. Like our allies and many South Africans who understand the significance of this piece of the legislation, we are yearning for the full implementation as soon as possible,” Bhengu-Motsiri said.
Like our allies ... we are yearning for the full implementation of this piece of legislation as soon as possible.
— Mahlengi Bhengu-Motsiri
She echoed the remarks of ANC Gauteng premier Panyaza Lesufi, who addressed the congress.
“We are urging our president to do one thing and one thing only: to allow the implementation of the Bela Act without any further delay,” Lesufi said.
He also lobbied for the support of the SACP, saying: “We urge this conference to add its voice, to be on the side of our children and bring an end to discrimination against our children.”
Ramaphosa signed the act into law in September but delayed the implementation of two clauses — 4 and 5 — by three months as GNU partners voiced discontent. The DA argues that clause 5 would “cause harm” to mother tongue education.
The clause wants state schools when determining language policy to take into account the language needs of the broader community.
Bhengu-Motsiri defended the president's decision to delay implementation of the two clauses as this was criticised by alliance partners.
She said the three-month grace period was vital for Ramaphosa to show the spirit of dialogue within the GNU, though he holds the ultimate power to implement the act.
“We are headed to the national dialogue; we need to signal the willingness to negotiate. Having said that, that does not take away the powers of the president. As the ANC we expect the president to exercise the prerogative and powers afforded to him by the constitution,” she said.
Deputy president Paul Mashatile, leader of the clearing house, a subcommittee established to find solutions within the GNU on the Bela Act, has supported the ANC’s calls on the act.
“There are people who want to remove it. We are saying we cannot exclude the clauses,” Mashatile said previously.
The president was expected to be briefed by Mashatile on the resolutions of the clearing house last week. Earlier this month, presidency spokesperson Vincent Magwenya indicated the president would make a decision on the matter “without undue delay” after determining the commencement date for the act.
Magwenya said the president was committed to ensuring transformation in the education sector according to the constitution.
“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,” he said.
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