Latest news with #Bela)Act
IOL News
3 days ago
- Politics
- IOL News
Minister Gwarube warns non-compliance with Bela Act will lead to legal consequences
Basic Education Minister Siviwe Gwarube says she was working flat out to make sure the regulations for the Basic Education Laws Amendment Act were published in June Image: Supplied Basic Education Minister Siviwe Gwarube has warned that those that will not comply with controversial Basic Education Laws Amendment (Bela) Act will face the full might of the law. Gwarube, who has yet to gazette the Bela Act's regulations, said there was a legislative framework on how the department's districts and schools should implement the new law. 'This piece of legislation is now the law of the Republic of South Africa. Anybody who does not comply with the law will face the consequence of not complying with the law,' she said. Gwarube made the comment during the question-and answer-session in the National Assembly when she was asked by EFF MP Mandla Shikwambane how she planned to address potential resistance for former Model C and Afrikaans-medium schools to use the admission and language policy to systematically exclude black pupils. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading She said the department could not change attitudes by legislation. 'We cannot legislate to change attitudes. Legislation for education accommodates all children from all backgrounds and language. Anybody who does not comply with this piece of legislation will find themselves on the wrong side of the law.' Gwarube stated that it was not for the department to worry about non-compliance. 'It is up to the courts, and if schools do not comply with the law, they will face the consequences. I am not anxious about it because, ultimately, we got a legislative framework the district and schools will know how to implement and people will know exactly what needs to be done and if they don't, they will face consequences of breaking the law,' she said. Gwarube noted that she was often asked when she will implement the Bela Act, which was passed last year, and three-month period allowed for consultation around two clauses related to issues of admission and language. 'As a constitutionalist, I approach implementation of Bela Act with respect for rule of law, transparency, and responsibility entrusted to the office.' She stated that the Bela Act was proclaimed on December 24 and was now operational. 'The only process left for us to do as the department is to develop regulations. The development of regulations does not delay the implementation of the law because the law is in force. 'This has nothing to do with me and my preferences. I am busy working flat out to make sure all of you will have an opportunity to comment on the regulation that will be published in June.' Gwarube said the department will train district officials to guide schools on implementation of the new legal framework. 'We will be assisting schools and the principals to implement it well. The guiding principle are the 13.5 million learners. 'I am not nervous and I am not anxious. I think we have strong legal guidance, hence it will have regulations attached to it,' said Gwarube She spoke against using Bela Act as political football. 'We need to move on. We need to protect our learners and schools.' Gwarube noted that the politics around Bela Act was not a pre-occupation among school governing bodies, parents, and children. 'The political choice around this piece of legislation only exist in the political circles. People on the ground want their children to learn. They want them to learn in safe environment and it our responsibility as department to make sure that we provide good quality education for them to thrive.' Gwarube was asked whether schools were moving towards dual-language and about assistance offered for them to start implementing dual language. She said the provision for dual-language schools has been in existence before the Bela Act was enacted, and that school governing bodies make a decision when they were ready to become dual-language and put the necessary processes into action. 'This process has been ongoing before the new reality. Provinces sit with this kind of work all the time. Schools come to provincial departments asking to be dual-language medium all the time,' Gwarube said.
Daily Maverick
19-05-2025
- Politics
- Daily Maverick
Bela Act makes Grade R compulsory, but where is the money?
If Treasury can quietly decide which democratically enacted laws deserve funding resources, we no longer live under a constitutional democracy, but under rule by executive discretion. South Africa's budget season has been dominated by political party grandstanding, masquerading as genuine engagement with the Budget. Amid these theatrics, one glaring issue has inexplicably fallen by the wayside: the complete absence of funding for compulsory Grade R implementation, despite Parliament rightfully passing a law in 2024 that makes it mandatory. Meanwhile, an estimated 200,000 six-year-olds are waiting outside the classroom because National Treasury has decided which laws warrant implementation and which can be quietly smothered through budgetary neglect. The Basic Education Laws Amendment (Bela) Act makes Grade R compulsory and part of the definition of basic education, a constitutionally protected and immediately realisable right. The Department of Basic Education's costing estimated that inclusion of universal Grade R in the basic education sector would require R17-billion – R5.26-billion for educators and R12-billion for infrastructure. For context, this additional money that is needed amounts to only 0.7% of the previously proposed 2025 national Budget. To be clear, this costing is known to Parliament and Treasury, neither of which has contested these figures. Yet, three consecutive Budget proposals have allocated nothing to Grade R implementation – the 2024 Medium Term Expenditure Framework outlining spending plans for the next three years; the Budget that never was, and the 2025 Budget that was never passed. When Equal Education Law Centre (EELC) and other civil society organisations directly questioned Treasury on this matter, officials first dodged the issue before suggesting provinces should 'use what they currently have' – expecting them to somehow absorb a R17-billion obligation within budgets already cut to the bone, despite provinces deriving 97% of their income from national government. The EELC's walk-in law clinic has heard from clients around the country of their inability to obtain placement for their learners in Grade R. The Western Cape Education Department (WCED) reported 4,365 unplaced Grade R learners earlier this year, acknowledging insufficient capacity to fulfil its obligations. In response, the provincial education department said that it was redirecting children from no-fee public schools to fee-paying independent institutions, shifting the state's responsibility to families who inevitably cannot afford it. Meanwhile, parents have sought our advice, fearing potential criminal sanctions for failing to enrol their children in Grade R, creating an absurd situation where caregivers are legally bound to access services the government refuses to provide. The DBE tacitly acknowledges its own inability to meet its obligations in the draft implementation guidelines for Bela, which state: 'Any parent whose child must be enrolled in Grade R at a school in terms of section 2(a) of the Bela Act and who can demonstrate that there are no Grade R places available to that child at registered early childhood development centres, public schools and independent schools within 5km of their place of residence or place of work would justifiably not be able to comply with the compulsory school attendance requirements.' Not only is the burden shifted to already disadvantaged families, these guidelines introduce onerous administrative hurdles. It is now the responsibility of parents to 'demonstrate' unavailability of places within an arbitrary 5km radius — regardless of transportation costs, fees, safety concerns or other access barriers. The problem with unfunded mandates An unfunded mandate – when legislation or policy establishes a legal obligation for a sphere of government to deliver specific services without Treasury allocating the requisite financial resources to fulfil this obligation – is a breach of the principle 'finance follows function'. Unfunded mandates are not inherently unlawful, but Grade R is not just any unfunded mandate. When Grade R was included in the definition of basic education, it created not just an obligation for parents to send their children to school, but a corresponding right that children have now — not whenever Treasury decides it is convenient. It is noteworthy that not a single political party has taken up Grade R funding as an issue in their engagement with the budgets, despite almost all having vigorously campaigned on early learning and literacy. This funding gap reveals three serious governance failures. First, it fundamentally disrupts the separation of powers. When Parliament passes a Bill, it exercises its law-making authority. When Treasury subsequently refuses to fund these mandates, it overrides Parliament's legislative authority without any democratic process. Parliament becomes a hollow chamber if its laws can be rendered meaningless through budgetary decisions made behind closed doors. Second, it fractures our system of cooperative governance. The Constitution envisions a harmonious relationship between national and provincial governments, where responsibilities are matched with resources. This is not to suggest that provinces bear no responsibility — many have failed to efficiently utilise existing education resources and could reprioritise certain expenditures. However, an unfunded mandate of such gravity goes far beyond ordinary budgetary tensions, creating an environment where even the most efficiently run provinces are set up to fail. Third, unfunded mandates fundamentally weaken the rule of law while breeding cynicism among a public already excluded from Treasury's inner workings. When government enacts laws promising educational rights it has no intention of honouring, it teaches the public that law creates binding obligations only for them — not for the state itself. Each unfunded mandate not only chips away at public trust, but also introduces the dangerous idea that laws are merely optional guidelines for government while remaining strict mandates for the public. If Treasury can quietly decide which democratically enacted laws deserve resources — while parents simultaneously face potential criminal sanctions for non-compliance with those same laws — we no longer live under a constitutional democracy, but under rule by executive discretion. Government processes then become merely theatrical performances rather than substantive governance, with Parliament reduced to a stage for political grandstanding while real decisions happen behind Treasury's closed doors. Way forward The path ahead is painfully clear. Almost every political party represented in Parliament promised during the election to prioritise early learning, literacy and numeracy. Now, those promises have to translate into concrete budgetary commitments. Having made Grade R both compulsory and part of basic education, there is no grey area, no room for budget gymnastics or administrative workarounds. The only solution is to fund Grade R implementation. Not next year. Not when fiscal conditions improve. Now. Because the right to basic education is not conditional, and laws are not suggestions. DM Katherine Sutherland and Daniel Peter Al-Naddaf are with Equal Education Law Centre's research department and are members of the Budget Justice Coalition.
Daily Maverick
14-05-2025
- Business
- Daily Maverick
Alcohol ban at Eastern Cape schools threatens institutions' revenue streams, say opponents
A new alcohol ban enforced by the Eastern Cape Department of Education is putting an end to long-standing fundraising traditions at public schools in the province. When Dale College, one of the Eastern Cape's oldest boys' schools, was forced to move its 164th annual reunion off-campus, it wasn't because of a lack of school spirit but rather a sweeping new alcohol ban. A recent directive from the Eastern Cape Department of Education has outlawed the sale and consumption of alcohol on all public school premises in the province, a move that has upended long-standing fundraising traditions at numerous former Model C institutions. For years, at least 38 Quintile 5 schools have had permanent licensed establishments which could sell alcohol during sports days, alumni reunions and parent gatherings. The schools insist that these occasional, tightly controlled alcohol sales were not about indulgence but about providing a crucial revenue stream for maintenance, bursaries and school development. No more exceptions In a circular issued in March, the head of the Eastern Cape Department of Education, Sharon Maasdorp, announced an outright ban on the sale of alcohol on public school premises. The circular said the department had been 'inundated with requests' from schools seeking support for liquor licence applications, a practice that the department now considered unlawful and inconsistent with its core mandate. The circular revealed that some schools had, for years, held permanent liquor licences, often granted through consent from school governing bodies (SGBs) or principals. Maasdorp said that such consent was invalid without explicit approval from the provincial MEC for education. 'Any application for a business to engage in the sale of liquor from school premises will not be approved,' said the circular. 'The sale of liquor is prohibited from school premises. This prohibition applies to both permanent and event liquor licence holders.' South African law is unambiguous when it comes to alcohol in schools. The Basic Education Laws Amendment (Bela) Act explicitly bans alcohol sales at educational institutions, reinforcing earlier provisions in the South African Schools Act, which prohibit the possession, sale or consumption of liquor on school grounds or at school activities with very limited, tightly controlled exceptions. These exceptions require formal application, approval by the SGB and consultation with the provincial head of department. The circular declared all schools in the province to be alcohol-free zones, a move the department said was aligned with the national strategy to combat alcohol and drug use among learners. The department also cited changes in liquor law enforcement as part of the rationale. The updated Eastern Cape Liquor Act, effective 1 March 2025, prohibits alcohol outlets within 500m of schools and other public institutions. Schools were specifically instructed to object to any new licence applications near their grounds and told to cancel existing ones. Not about booze, but budgets, say parents and schools The blanket prohibition on alcohol sales at schools, including during private, after-hours fundraising events, has been criticised. Several schools argue that such events are not about promoting alcohol, but about plugging funding gaps left by the department, particularly for basic maintenance, infrastructure upgrades, equipment and learner support. A parent from one of the affected schools, who spoke on condition of anonymity, said that critics may not fully understand how these events operate. The parent said that at many former Model C and private schools, alcohol had been sold strictly to adults, usually parents attending reunions, sports days or other school functions as part of controlled, long-standing fundraising efforts. 'This has been happening for more than 20 years. It's nothing like a bar or nightclub, and children are never allowed to purchase alcohol. If you're unfamiliar with how these events work, I'd encourage you to visit one of these schools and see for yourself,' she said. 'I've attended one of these luncheons, and it's not a bar. It's never caused problems, and that's why you've never heard any complaints before. I'll continue to support the fundraising initiative, even if they have to sell vouchers at a nearby venue. The money goes to infrastructure, sports teams, bursaries or maintenance — even sporting tours. It goes a long way and it makes a real difference to the school.' The parent raised concerns about the wider implications of the ban, questioning how it would affect major cultural events held on or near school grounds. She pointed to the Makhanda National Arts Festival, where the beer tent has long been a central attraction and with the festival already shrinking due to declining support, further restrictions could undermine its viability. Many schools depend on such festivals for much-needed income, particularly from hiring out school facilities during holidays, she said. In another example, this year's Kirkwood Festival was forced to relocate, resulting in a financial loss for the host, Kirkwood High School, which had benefited from the event being held on its grounds during the break. Another parent, from another affected school, pointed out that many people were missing the bigger picture, saying that schools often hired out their facilities after hours to raise funds for essential maintenance and operational costs. He said the issue wasn't about parents drinking on school grounds, but about schools losing a reliable way to bridge the growing funding gap left by the state. 'We can all agree that South Africa has a well-documented alcohol abuse problem, but this ban does nothing to address that or the root causes. Schools with a liquor licence are not selling tequila to 14-year-olds or encouraging irresponsible drinking. They do not want to create a drinking nest but just need extra funds for the school,' he said. According to the Daily Dispatch, more than 10 schools in the Eastern Cape have come together to challenge the education department's ban on alcohol sales on school premises, arguing that the ban has caused them substantial financial losses. Alumni fundraising takes a hit Phiwe Ndinisa of the Old Dalian Union (ODU) explained that in the mid-1990s, alumni from Dale College built a dedicated clubhouse complete with a bar as a gathering place for old boys. The liquor licence, he noted, was always registered in the name of the ODU, not the school itself, which creates confusion under the new rules. 'For the first time in our history, we had to host our reunion off-site, away from the very venue that was built for it,' he said. The ban led to a significant drop in attendance and revenue, as the union struggled to find suitable venues and faced increased costs for this year's reunion. While Ndinisa could not provide exact revenue figures, he said that most of the funds raised during these events went back into supporting the school, with the remainder used to maintain the ODU office. He said the intention was never to operate a bar for profit, but rather to create a space for connection, especially as more than 90% of alumni no longer lived in Qonce. Ndinisa highlighted the practical challenges of implementing the ban, including the lack of prior consultation and understanding. 'There's a school where across the road there is a tavern that is operating and no one is saying anything, so it feels like this ban is beating the wrong people, because that tavern, whatever money is generated, goes to the business owner and not the school,' he said. Education department and liquor board unite Eastern Cape Liquor Board spokesperson Mgwebi Msiya confirmed that 38 schools across the province had been affected by the ban. He explained that in the past, the board had granted liquor licences based on recommendations from SGBs, which were considered the schools' official accounting authorities. Msiya said the board fully supported the Department of Education's decision. Eastern Cape Education MEC Fundile Gade has framed the alcohol ban as a matter of principle, with South Africa's drinking culture being a growing concern. The country has the highest per capita rate of alcohol consumption in Africa. He clarified that during his tenure as MEC, he has never approved a single request for a school to sell alcohol. 'It happened by default. I am correcting that now, to ensure we create an environment that is conducive for learners,' he said.
TimesLIVE
05-05-2025
- Business
- TimesLIVE
Should ANC oust DA from GNU and bring in smaller parties instead?
The government of national unity (GNU) has hit another stumbling block, with the ANC and DA disagreeing on various policies. The most significant obstacle came in the form of a budget impasse, where the DA challenged the proposed VAT increase in court. This week, the DA is taking the Employment Equity Amendment Act to court. The two biggest parties in the GNU have been at odds on several policies, including the Basic Education Laws Amendment (Bela) Act, Expropriation Act, National Health Insurance (NHI), and other key issues. ANC secretary-general Fikile Mbalula has accused the DA of hatred for transformation. Sunday Times reported ANC MPs have expressed frustration with the DA's actions, with some sources suggesting the ANC should oust the DA from the GNU and bring in smaller parties instead. 'Going to the courts to challenge the employment act is further proof that we cannot be in this coalition,' a source said. 'We told the SG this is the party that continues to undermine the government and it has done nothing to show they are willing to work with us. 'They have taken the NHI to court, we had to bend [sic] over to accommodate them with Bela, they have challenged the budget, what more proof does the leadership need? We want them out.'
The Citizen
04-05-2025
- Business
- The Citizen
ANC MPs tell Mbalula to ditch DA in hostile meeting
The meeting became tense when ANC MPs brought up the DA's refusal to back the previous versions of the budget. ANC MPs at a meeting on Friday urged the party's leadership to remove the DA from the government of national unity (GNU). ANC Secretary-General Fikile Mbalula reportedly called the meeting to discuss the new budget that will be presented in parliament on 21 May. ANC MPs call for DA to be booted from GNU The meeting, however, became tense when MPs brought up the DA's refusal to back the previous two versions of the budget. The MPs also cited the DA's recent court challenge against the Employment Equity Amendment Act and its previous opposition to the National Health Insurance (NHI) and Basic Education Law Amendment (Bela) Act. 'Going to the courts to challenge the employment act is further proof that we cannot be in this coalition,' a source told the Sunday Times. 'We told the SG that this is the party that continues to undermine the government, and it has done nothing to show that they are willing to work with us.' ALSO READ: 2025 budget: Godongwana refuses to resign as Mbalula warns against another 'weekend special' City Press reports that a source said that one MP told the meeting that the DA is hurting the ANC. 'They will cost us a lot, and the leadership needs to take a decision very fast. At the moment, the leadership is treating the DA with kid gloves.' The MPs reportedly urged the party leaders to ditch the DA and form a majority in parliament with smaller parties. Leaders angry with Mbalula The Sunday Times also reported that Deputy President Paul Mashatile and ANC national chair Gwede Mantashe berated Mbalula for arriving an hour late to the meeting. Mantashe even left the meeting while Mbalula was speaking. 'The chief whip [Mdumiseni Ntuli] had to deliver the report on the budget process, which was supposed to be delivered by the SG,' the source said. 'That irritated the chairperson, the deputy president and the caucus. Mbalula arrived late, and it signalled to us that he has no respect for our time.' ALSO READ: WATCH: 'If DA wants SA to function, they'll come to the party,' Mbalula says Mbalula's secret budget talks This is not the first time Mbalula has angered party leaders recently. In April, it was reported that senior ANC leaders were upset after Mbalula set up a secret team to negotiate the budget with the DA. Mantashe was said to be 'livid', while ANC chief whip Mdumiseni Ntuli accused Mbalula's team of 'undermining' his official negotiating team. Mbalula's deputies – Maropene Ramokgopa and Nomvula Mokonyane – were also 'irritated' at being blindsided by his actions. NOW READ: Mbalula's 'clumsy' secret budget talks angered ANC leaders
