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Ramaphosa signs BELA Bill, but holds back on two clauses

Phil Magakoe / AFP


President Cyril Ramaphosa signed into law the Basic Education Laws Amendment Bill, at the Union Buildings on Friday, but held back on two contentious clauses in a bid to ease tensions with parties in the Government of National Unity.

He said clauses 4 and 5 of the Bill, which among others, addresses issues of language and admission, including the compulsory school attendance age, policies set by governing bodies, will not be implemented for a period of three months.

"This will give the parties time to deliberate on these issues and make proposals on how the different views may be accommodated.

"Should the parties not be able to agree on an approach, then will proceed with the full implementation of all the parts of the Bill," President Ramaphosa said to applause.

The Democratic Alliance warned this week that signing the Bill into law would place the Government of National Unity into jeopardy.

Other parties, as well as some civil society organisations, also objected to the Bill in its current form with some threatening legal action.

Basic Education Minister, Siviwe Gwarube of the DA, did not attend the signing ceremony.

In his address President Ramaphosa said he "was glad" that the Minister had clearly said that once signed, this becomes the law of the Republic, and the Department, meaning herself, and the deputy minister will go ahead and implement".

"Whatever our disagreements, we all seek a better, more efficient, more equitable education system that best serves the children of South Africa.

"We all agree on the need for a common framework for collaboration as government, as school governing bodies and as parents.

"For our education system to work for all, we have to work better, smarter and in a more cooperative manner," Ramaphosa added.

The DA said it had instructed its lawyers to continue to prepare for court action on both the process leading to the adoption of the BELA Bill, as well as its substance, on constitutional grounds.

Party leader, John Steenhuisen, said while noted Ramaphosa’s statement at the signing ceremony including his warning that if there is no agreement, the Bill will be implemented in full.

"The DA rejects this threat by the President. We regard his approach as contrary to the spirit of the Statement of Intent that formed the foundation of the GNU, which requires the participating parties to reach sufficient consensus” on divisive issues," he said.

There could hardly be a more divisive issue in South Africa than the right to mother tongue instruction in schools where this right has been established for decades.

"Afrikaans medium schools constitute less than 5% of the country's schools. Their existence in no way contributes to the crisis in education, and turning them into dual-medium or English-medium schools will not help improve the quality of education for South Africa's learners," Steenhuisen said.