No delays in the Basic Education Laws Amendment Act: Gwarube's assurance

IOL News

9 hours ago

Department of Basic Education Minister Siviwe Gwarube insists that there have been no delays with any of the processes to implement the Basic Education Laws Amendment Act and the drafting of the regulations.
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Basic Education Minister Siviwe Gwarube on Tuesday reiterated that there was no delay in the implementation of the Basic Education Laws Amendment (Bela) Act and the drafting of its regulations.
Responding to questions in the Basic Education Portfolio Committee, Gwarube said she had on numerous occasions informed the committee and Parliament that the Bela Act was already enacted into law.
'The last time, in Parliament, I indicated that when the Act is signed into law, it comes into effect. There is no delay,' she said.
This was after EFF MP Mandla Shikwambana said South Africans were confused about what was happening with regards with Bela Act and regulations.
'You are deliberately playing a political game and using delay tactics. No matter how smart you are to give us answers, the fact of the matter is that there is a serious deliberate delay in dealing with the regulations,' Shikwambana said.
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He wanted to know when the clauses in the Bela Act that deal with language and admissions will be fully implemented.
'We need those regulations. They must come and be published. If you have got them or published them elsewhere, can you furnish us with those regulations?' Shikwambana said.
ANC MP Tshepo Louw wanted to know about the delays in the proclamation of the Bela Act's clauses on admission and language.
Louw asked about the advice the State Law Advisor gave the department on the outstanding regulations and the status of the regulations.
In her response, Gwarube said the two clauses of the Bela Act came into operation when the new law was signed by President Cyril Ramaphosa in December 2024.
'Those sections came into law last year already. There is no delay in implementing the Act itself or specific amendments. They are in the entirety of the law and remain law as we speak,' she said.
Gwarube stated that the drafting of regulations was not a straightforward process.
Last year, the department made a commitment that there would be guidelines while regulations were being drafted and then published for public comment in June 2025.
'The date, as we stand here, is June 17. We are about two weeks away from the end of June,' she said.
'I really do battle to understand the assertion and even the accusation that somehow there is a delay in the implementation of the Act and production of the regulations. We made a commitment last year that by the end of June, the regulations would be out and published for the public. We are not at the end of June.'
Gwarube also said the drafting of the regulations was an intricate process.
'It is not done by the minister. It is done by the legal team within the department in conjunction with the Office of the Chief State Law Advisor. That is the legal process we must allow to take its course. The regulations don't delay the implementation of the Act.
"The Act is in force and implementable. The regulations seek to give clarity on certain parts of the Act and how they should be implemented.'
She also said she would not be tired of answering the same question repeatedly asked despite the accusations in relation to the two clauses of the Bela Act and the regulations.
'There has been absolutely no delay with any of these processes.'
But, committee Chairperson Joy Maimela said they wanted to see the Bela Act in action as schools have started with the application process for next year's admissions.
'Where we are seated, we should invite the department to come and give an account of how many language policies they have seen and dealt with,' Maimela said.