Bela Act guidelines issued, minister accused of ‘worthless' delays
The legal fortitude of a set of guidelines issued by Basic Education Minister Siviwe Gwarube is under scrutiny.
An announcement on regulations governing the Basic Education Laws Amendment (Bela) Act has been pending, but the minister chose a different option last week.
The minister issued guidelines on the Bela Act on Thursday; however, these guidelines have not been gazetted, as would be the procedure for regulations governing legislation.
Disputed Bela Act sections
President Cyril Ramaphosa signed the Bela Act in September 2024, which amended certain sections of the South African Schools Act of 1996.
Sections covering language and admissions policies were hotly contested, but Gwarube's guidelines reiterate that language and admission policies remain under School Governing Body (SGB) control.
Anti-Bela Act Protestors were adamant that section 4 and 5 of the Bela Act would give education department officials undue control over schools by mandating schools to have their language and admission policies pre-approved by government.
In the guidelines, Gwarube states that the document was approved after consultation with the Council of Education Ministers and instructed its distribution to all education administrators.
The South African Democratic Teachers Union (Sadtu) was unhappy, accusing Gwarube of attempting to create confusion around sections 4 and 5 of the Bela Act and delaying the release of the full regulations.
'The law is clear that the minister is only allowed to make regulations, not guidelines, in terms of the Bela Act, and that is the very reason that Sadtu rejected these guidelines in the first place,' the union stated on Friday.
'Sadtu are adamant that the guidelines are worthless. We are well aware of their tactics trying to halt [the Bela Act's] full implementation.
'We call on all our members who serve in the SGBs across the country to ignore these unlawful guidelines and demand for the implementation of the regulations,' the union concluded.
Language and admissions
The guidelines stipulate that language policy should be determined with pupils' best interests in mind, while considering the offerings at other schools and optimal use of classrooms and resources.
On admissions, the guidelines advise that if a provincial department wishes to force a school to change policy, the department must allow the SGB an opportunity to dispute and discuss the change.
'The exercise of such authority must always be rational and informed only by all relevant factors,' state the guidelines.
Gwarube's guidelines urge all parties to operate responsibly and in good faith to avoid litigation, adding that early planning was necessary.
'SGBs of public schools are strongly encouraged to take proactive measures as early as possible in the 2025 school year to ensure that their language policies comply with the requirements of section 6(5) of the SA Schools Act,' state Gwarube's guidelines.
The Western Cape's online admission window closed in April, and the Gauteng Department of Education's (GDE) online admissions window runs from 24 July to 29 August.
GDE spokesperson Steve Mabona recently told The Citizen that if the guidelines necessitated any changes to their system, it would be communicated to the public, but he referred specific questions on the guidelines to the national department.
Questions on the guidelines and the gazetting of regulations were sent to the Department of Basic Education, but no response had been received at the time of publication.
'Heat under the pot'
The Afrikaans community has been the most vocal about the Bela Act and their belief that it would be used to hijack Afrikaans-only schools.
Wynand Boshoff, Freedom Front Plus (FF+) parliamentarian, welcomed restraints being placed on government officials who wished to meddle in schools' affairs.
'As long as these guidelines remain in effect, an HoD [head of department ] will not have the authority to suddenly intervene in a school's affairs without thorough consultation and reasonable consideration,' stated Boshoff.
He explained that the guidelines applied to the norms and standards, but warned that a future minister could make alterations at their discretion.
'The FF+ remains cautious as the heat under the pot in which the frogs are being boiled has only been turned down ever so slightly.
'Ultimately, the pot is still on the stove. The Freedom Front Plus remains fully committed to self-determination in education,' Boshoff concluded.
NOW READ: Full implementation of Bela Act bruises DA's ego
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Eyewitness News
2 hours ago
- Eyewitness News
SACP defends SANDF chief Maphwanya over his Iran comments
JOHANNESBURG - The South African Communist Party(SACP) has hit back at critics of defence force chief, Rudzani Maphwanya, for his remarks during a recent visit in Iran. Maphwanya was at the centre of a diplomatic storm last week, when Iranian media reported that he appeared to publicly co-sign South Africa to stronger political and military ties with Tehran. It's understood that he said that Iran's military had significant capabilities that could be used in cooperation with the South African armed forces to serve mutual national interests and enhance regional and international security. READ: Presidency says action will be taken against SANDF's Maphwanya over his Iran comments Despite mounting pressure to account for his comments, the SACP has come to out in defence of Maphwanya. A few months ahead of his retirement, South African National Defence Force chief, Maphwanya, is now facing calls to step down over his comments. The SACP has since come out batting for him in what the party labelled as anti-Iran hysteria and geopolitical hypocrisy. In a statement released at the weekend, the SACP said that South Africa's ties with Iran were not out of the ordinary. The Department of International Relations and Cooperation (DIRCO) distanced itself from Maphwanya's comments, saying they did not reflect South Africa's foreign policy. President Cyril Ramaphosa called Maphwanya's comments ill-advised. The SACP said thats government's muddled response was concerning, accusing government of scapegoating the SANDF chief. It said that giving into the whims of Iran's foes to appease other countries sets a bad precedent.
The Citizen
4 hours ago
- The Citizen
How will Ramaphosa deal with SA's foreign policy nightmare
South Affrica has a non-aligned foreign policy which has been seen as anti-U.S. A radical cabal already dominates SA's foreign affairs department. This week, the department – once studiously aloof from the ruling party's ideological feuds – showed it, too, has been drawn into the fray. During an official visit to Tehran, the country's top general pledged political and military solidarity with Iran against the US and Israel. It is the latest move in a quiet but fierce struggle inside the ANC between a dwindling band of what passes for moderates and an emboldened bloc of extremists, many with hard-line Islamist sympathies. The former cling to the fiction of a non-aligned SA. The latter see the present global disorder as their moment to cast the country as a heroic standard-bearer of the global south, leading the fight against 'Western imperialism' and 'US hegemony'. General Rudzani Maphwanya, chief of the SA National Defence Force (SANDF), met in Tehran an array of Iran's top military leadership in a calculated affront to Washington. The departments of international relations and cooperation (Dirco) and defence are now scrambling to disclaim his anti-US rhetoric, even as he publicly committed South Africa to joint military ventures with a pariah state. Such denials should be taken with a generous pinch of salt. It is inconceivable that Maphwanya acted without the blessing of both departments and of the Presidency itself. Maphwanya's actions are extraordinary for the head of a military in a democracy. If the trip was unsanctioned and Maphwanya's statements unapproved, the implications are grave. As chief of the SANDF, such unilateral actions would constitute a direct military intrusion into civilian affairs of near-treasonous proportions. Immediate dismissal and possible cash earnings from the SANDF would be warranted. The department's responses have been striking. Neither denied knowing about the general's trip but both issued statements stressing foreign policy is the responsibility of the Presidency and Dirco. The implication is that they did know, but the general went rogue. If the trip was sanctioned, the diplomatic dis aster that has been unleashed demands account ability at the highest levels. Ronald Lamola (Dir co), Angie Motshekga (defence), and Khumbudzo Ntshavheni (Presidency) should all be axed. But the Presidency flatly denies any knowl edge of the trip or giving permission for it. This statement is almost as extraordinary as the general's actions. If the President was kept in the dark and his ministers knew, they must be axed immediately. The point is that there is a military stirring that needs to be nipped in the bud. It should be extremely concerning, especially to the ANC's partners in the government of national unity, that there is a strong possibility the Islamist-led bloc dominating Dirco has found a like-minded, equally senior anti-US/anti-Israel faction within the SANDF. The rot is spreading, and the consequences are eye-popping. This is not non-alignment. It's a confirmation of the US position articulated by US President Donald Trump in the February executive order: South Africa is actively acting against the interests of America in its embrace of Iran. Domestically, the implications of a politically assertive military are equally alarming. This is the well-worn route taken by every 'liberation party' regime north of the Limpopo: a slide towards authoritarianism, one-party dominance, repression and the occasional military coup. SA is now caught between two forces: an increasingly radicalised foreign policy and a militarised ideological alignment. What began with a quiet capture of Dirco has metastasised into an open assertion of anti-Western sentiment at the heart of the SANDF. The president and his coalition partners in the GNU must ruthlessly excise the cancer. But they won't.
The Citizen
18 hours ago
- The Citizen
Gauteng Education clears Laerskool Losberg of racism allegations
The Gauteng Department of Education (GDE) debunked allegations by a resident that all is not well at Laerskool Losberg in Fochville. The resident, Bongile Thebogo, contacted the Carletonville and Fochville Herald as well as six other media outlets, together with various officials of the Merafong City Local Municipality, with allegations that children and parents from different cultures are not treated the same at Laerskool Losberg. As Thebogo also asked that the GDE look into the allegations, the Herald contacted their spokesperson, Steve Mabona, for official feedback. 'The GDE can confirm that an investigation was conducted at the above-mentioned school. However, the allegations of racism levelled against the principal were discovered to be unfounded,' Mabona responded. He claimed that the department also conducted a formal investigation into the matter and further conducted an oversight practice. This found that the school's invitation to parents' Grade R applications was a general open day for all and that the school has more English classes than Afrikaans classes. It was also found that there are currently 215 Afrikaans and 593 English learners at the school. Mabona also added that the school is currently constructing a nursery and a wall is also being constructed for safety reasons. 'There is a management plan for School Governing Body (SGB) meetings and all SGB members has received the plan. The GDE is also in the possession of confirmations for SGB meetings and the attendance registers, which indicates constant meetings at the said school,' Mabona explained. 'As the department, we always emphasise human rights, transformation and respect for the constitution in our schools. All schools are thoroughly inducted into a culture where transformational principles and rights are prioritised. Equality and dignity are the cornerstones of our Constitution. The department remains committed to creating schooling environments that are free from any form of discrimination, whether it be race, gender, culture and ethnicity, and religion and beliefs,' Mabona concluded.
