The department of basic education says it is willing to discuss language policies in the controversial Basic Education Law Amendment (Bela) Act, in the wake of legal action taken by trade union Solidarity.
The department of basic education says it is willing to discuss language policies in the controversial Basic Education Law Amendment (Bela) Act, in the wake of legal action taken by trade union Solidarity.
“Solidarity and AfriForum were notified by the office of the minister of basic education of a willingness to further discuss our concerns regarding the early proclamation of the entire Bela Act (including sections 4 and 5), without the necessary norms and standards having been put in place,” Solidarity’s communications manager Pieter Jordaan told the Mail & Guardian.
Solidarity, AfriForum and the Solidarity Support Centre for Schools initiated legal action against the Bela Act, saying it was “an act of aggression by the government against Afrikaans schools and children”.
They said President Cyril Ramaphosa had acted “irrationally and contrary to various agreements” when he signed the Act into law in September. However, Ramaphosa delayed the implementation of sections 4 and 5 for 90 days to allow parties within his coalition government — including erstwhile official opposition the Democratic Alliance (DA) — to resolve areas of dispute.
Section 4 of the Bela Act gives the department greater control over admissions policy, while section 5 compels school governing bodies to submit the school’s language policy to the provincial head of department for approval.
During the consultation period, which Solidarity was part of, the union expressed concerns about the increased centralisation of control over school management, saying it would detrimentally limit the influence of school governing bodies and parents in making decisions about their children’s education.
Basic Education Minister Siviwe Gwarube of the DA had recommended that the Act be postponed due to the absence of appropriate norms and standards. However, Ramaphosa effected the law in its original form when the 90 days lapsed in December.
“The minister had recommended to the president that sections 4(d), 4(f) and 5(c) of the Bela Act only be commenced once these sections are supported by national regulations, policy and norms and standards that provide sufficient legal clarity and strong consultation mechanisms required for the proper implementation of these sections in the best interests of learners,” DA spokesperson for basic education Delmaine Christians told the M&G.
Solidarity said the changes to the language of instruction policies would affect Afrikaans-speaking learners.
“It therefore appears that the president’s irrational promulgation of the Bela Act in its entirety succumbed to political pressure from the anti-Afrikaans elements in the ANC,” the chief executive of the Solidarity Support Centre for Schools Leon Fourie said.
However, advocacy movement Equal Education rejected Solidarity’s claims that section 5 of the Act alienated Afrikaans-speaking learners.
“Suggestions that the Act, and President Cyril Ramaphosa’s decision to bring it into force, are ‘against Afrikaans schools and children’ are regrettable fearmongering,” attorney at Equal Education Law Centre Anjuli Maistry told the M&G.
The organisations had given Gwarube and Ramaphosa 10 days to respond to their demand that the language policy reflect the communities surrounding schools, rather than those of the education district.
Gwarube’s office responded before the 10 days, saying the “guidelines for the implementation of the Bela Act have been developed and are currently the subject of consultation with education stakeholders”.
Basic education spokesperson Elijah Mhlanga confirmed to the M&G that the department is consulting with stakeholders regarding the implementation of the Act.
