Latest news with #BelaAct
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.
The Citizen
19-05-2025
- Politics
- The Citizen
Ramaphosa must assure Trump of commitment to Afrikaner human rights
Ramaphosa jets off on Monday for a working visit to the US. President Cyril Ramaphosa at the Oval Office of the White House in Washington, DC on 16 September 2022. Picture: AFP / Saul Loeb President Cyril Ramaphosa needs to give an undertaking to US President Donald Trump at their meeting this week that the ANC-led government will recommit itself to the protection of the human rights of Afrikaners, says AfriForum CEO Kallie Kriel. Kriel, whose organisation led the way in persuading Trump Afrikaners were being persecuted in SA, said this commitment should also be backed up by practical steps such as condemning the Kill the boer, kill the farmer song and farm murders to be classified as priority crimes. Other amendments Ramaphosa should commit to include property rights and the amendment of the Expropriation Act, as well as the Bela Act, and to the cultural survival of Afrikaans cultural communities. ALSO READ: White House showdown? Ramaphosa looks to 'reset relationship' with Trump next week 'These are what I would say the president should do, but I am afraid he will not because his answer is only denial – denial by continuing to say the concerns expressed by Trump are simply based on misinformation.' If Ramaphosa goes to the White House with that strategy, he will certainly fail and should acknowledge the problems and find solutions for them, Kriel said. 'AfriForum is willing to enter into discussions with the ANC to see if solutions can be found to some extent,' he said. Ramaphosa heads to US for Trump meeting SA-born billionaire Elon Musk will likely be at Trump's side when the US president meets Ramaphosa this week, with one official predicting a 'rough meeting'. Ramaphosa jets off on Monday for a working visit to the US. It will include a series of meetings at the White House. While some will be behind closed doors, others will be in front of the world's cameras. READ MORE: International relations expert says Ramaphosa should not antagonise Trump Two months ago, Trump's meeting with Ukrainian President Volodymyr Zelensky descended into a heated argument and shouting match that saw the US president kick reporters out. An official told the Sunday Times that SA is prepared for similar tensions. 'The likelihood of humiliation is there. We have been given a sense that behind closed doors, it's going to be a rough meeting.' Elon Musk expected at Ramaphosa-Trump meeting Musk is a close advisor to Trump and has been vocal about the alleged genocide of white farmers in the country, despite official crime statistics not supporting his claim. He has been trying to get his Starlink internet service in South Africa, but reportedly refused to comply with local equity and empowerment laws. The official said the SA delegation expects Musk to pressure Ramaphosa 'in front of Trump on his Starlink issue and will lament our B-BBEE laws as discriminatory'. 'We also understand [US Secretary of State] Marco Rubio will be leading the charge and playing the bad cop. READ MORE: Will Trump embarrass SA at White House meeting? 'It's going to be an extremely difficult meeting and all of the contentious issues around the so-called white genocide, singing of Kill the boer, as well as issues related to Israel, will be led by Rubio. Elon will be there to just drive the point.' Ramaphosa will be joined in the US by International Relations Minister Ronald Lamola, Minister in the Presidency Khumbudzo Ntshavheni, Trade Minister Parks Tau and Agriculture Minister John Steenhuisen. Mcebisi Jonas, SA's presidential envoy to the US, and investments advisor Alistair Ruiters are also expected to join. Ramaphosa said on Friday the team would not be distracted by the noise around their trip. 'We will just focus on what is important for our country. We will be conducting our discussions in a business-like manner.' 'Mutually beneficial relationship' Ntshavheni has also downplayed a possible spectacle, claiming 'there is no-one who invites a guest to mistreat them'. 'We are expecting the highest level of decorum. We will differ, but we believe our relationship with the US is mutually beneficial.' Ramaphosa said the delegation would remain focused on critical bilateral issues, despite recent tensions between the two countries. 'We are not going to be distracted by anything. We will just focus on what is important for our country,' the president said. 'Every South African knows and agrees there's no genocide here. NOW READ: 'We will not be distracted', says Ramaphosa on upcoming US trip to meet Trump
Daily Maverick
14-05-2025
- Politics
- Daily Maverick
DA is ‘working overtime to reverse the gains of freedom'
The ANC secretary-general said the party needed to reverse its electoral decline to overcome the 'strategic setback' brought about by the Government of National Unity. ANC Secretary-General Fikile Mbalula took a veiled swipe at the Democratic Alliance (DA) on Tuesday, accusing the party of being determined to roll back the gains of freedom by challenging key legislation in court. While it is a member of the Government of National Unity (GNU), the DA has challenged legislation including the Employment Equity Amendment Act, the Bela Act and the Expropriation Act. 'Those who have taken us to courts are working overtime to reverse the gains of our freedom. It is clear, comrades, to us as the ANC, that the only way to overcome this strategic setback is to win the elections with an outright majority,' Mbalula said. He made the remarks during his keynote address at the ANC's Duma Nokwe Memorial Lecture, held in the Sedibeng Municipality. Mbabula delivered the address after South Africa failed twice to pass the 2025 Budget, which is now expected to be tabled on 21 May. Mbalula believes the revised Budget must be reflective of transformation policies. 'Radical socioeconomic transformation must and will happen in our lifetime. It is our contention as the ANC that the national Budget must reflect a growth path that would ensure adequate absorption of the unemployed through economic opportunities for entrepreneurs and expansion of existing businesses,' he said. With the 2026 local government elections on the horizon, Mbalula said his party needed to win elections to mitigate against what he referred to as contradictions and strategic setbacks seemingly happening because of policy differences among political parties in the GNU. 'Comrades, we must not just win the elections to manage contradictions, but to ensure radical and rapid socioeconomic transformation. Our people have said through the ballot that they want radical and accelerated change.' Despite taking a beating in the 2024 elections, Mbalula maintained that his party lost mostly because of a poor voter turnout. 'As much as we did not get over 50% … our people simply decided to stay at home. They didn't go to any other political party. If they went to other political parties, we will be having a total new government in the republic. 'The ANC is still the largest party in South Africa today. That is why, comrades, with that 40% we will deepen transformation. We will pass laws that will deepen transformation — [the] Bela Act, NHI, Expropriation Act…' 'A chance to correct' Duma Nokwe served as the ANC's secretary-general from 1958 to 1969, a pivotal period in the struggle against apartheid. He died in 1978 while in exile in Zambia, during the height of apartheid. In September 2024, his remains, along with those of 48 other freedom fighters, were repatriated from Zambia and Zimbabwe. The ANC is planning to rebury him alongside his wife, Nomvuyo, on Saturday, 17 May. Speaking about Nokwe's legacy, the ANC NEC member Nkosazana Dlamini Zuma said he was an advocate for education, which was evident in his BSc and law degrees. 'He loved his country, he loved the people, he was brave. Revolutionaries are brave. They are not cowards. But he also stood by the truth, even if the truth was going to get him into trouble,' she said. 'We must learn from him to be true servants of the people.' While high-end fashion, luxury brands and expensive alcohol have almost become the norm in political lifestyles, Dlamini Zuma said Nokwe inspired generations of young people without any of that. In January, Mbalula made headlines for travelling by yacht instead of the regular ferry that took other guests to a party on Robben Island. In another incident, he arrived at an election manifesto launch in KwaZulu-Natal last year in a luxury car worth more than R4-million, highlighting the growing gap between politicians and the people they represent. Dlamini Zuma said Nokwe didn't inspire people 'because he wore expensive clothes; he didn't inspire them because he drank expensive alcohol. He inspired them because he had a sharp intellect, he could analyse, he could debate and he could teach'. To honour Nokwe's legacy, Mbalula said ANC deployees must remember that Nokwe's years in exile were a reminder that freedom came at a great cost — and for that reason, the party must get its house in order. One of the ways to do this, he said, was by fully committing to the ANC's renewal agenda. 'Nokwe gives us a chance to reflect and correct ourselves. This process of self-correction is carried out through organisational renewal and rebuilding. We must acknowledge our mistakes and take steps to fix them. 'As we approach the local government elections in 2026, we must return to the basics and ensure that the ANC lives among the communities and champions their everyday struggles.' DM
IOL News
10-05-2025
- Politics
- IOL News
GNU partners face off as DA challenges Employment Equity Act in court
The Pretoria High Court has reserved judgment on the DA's case against the Employment Equity Act. Image: Jacques Naude / Independent Newspapers The tension within South Africa's Government of National Unity (GNU) reached a boiling point this week as the Democratic Alliance (DA) initiated court proceedings against the Department of Employment and Labour's controversial Employment Equity Act amendments. This legal action is seen as a manifestation of long-standing policy disagreements among coalition partners, which political analysts argue were never properly resolved when forming the GNU. Unisa political studies lecturer Professor Dirk Kotze highlighted the absence of a comprehensive policy agreement when the coalition was formed. 'What is happening now is that each of them, when they emerge, it becomes a dispute or crisis like it was with the Expropriation Act, the Bela Act, and the National Health Insurance because there is no new legislation now,' said Kotze. 'It's symptomatic of the fact that they didn't negotiate the complete agreement on both policy matters in general or across the board, and that these issues now emerge one by one, and they have to actually deal with them piecemeal, instead of in a comprehensive way,' he said. The Employment Equity Amendment Act, passed by Parliament in 2022, empowers the Minister of Employment and Labour to set sector-specific numerical targets aimed at achieving equity within the workplace. In its constitutional challenge, the DA argues that Section 15A undermines fundamental principles of equality before the law. After hearing arguments by the parties on Tuesday, the Pretoria High Court reserved judgment in the application. The DA insists the amendments on the Employment Equity Act are unconstitutional and violate the principle of equality before the law. DA federal chairperson Helen Zille told the media earlier this week that the Employment Equity Amendment Act discriminated unfairly and unconstitutionally. 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. 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Advertisement Next Stay Close ✕ Ad Loading 'It is grossly unfair and gives totalitarian powers of social engineering to the Minister of Labour, who will be able to set rigid national targets for every economic sector, without any regard to the context of specific firms, and impose extremely heavy fines and the risk of criminal conviction for failure to meet them. 'This can no longer be classified as a target. It amounts to an enabling law for the minister to set rigid quotas, which have previously been found by our courts to be unconstitutional,' Zille said. She warned that the draconian labour regime created by the Employment Equity Amendment Act is likely to drive away investment and increase unemployment. 'Companies and potential investors have repeatedly cited these social engineering laws as major barriers to investment and growth.' Employment and Labour Minister Nomakhosazana Meth said the setting of numerical targets for equitable representation of suitably qualified individuals from designated groups at all occupational levels was done after consulting relevant sectors and with the advice of the Employment Equity Commission. She said unlike rigid mandatory quotas, the Amendment Act introduces flexible employment equity targets and designated employers can set their annual numerical targets in their employment equity plans. Meth also said employers can justify their failure to meet the targets on reasonable grounds. 'The DA's challenge seeks to disrupt efforts aimed at achieving equitable representation and maintaining the inherently unfair status quo. 'By opposing these amendments, the DA is actively sabotaging the transformation goals that have been pursued since the end of the apartheid era, effectively hindering progress towards equality and fairness in the workplace. 'This stance is not only anti-transformation, but also a step backward in the fight for equality and fairness in the workplace,' said Meth. The ANC condemned the DA court challenge, saying it was a direct assault on the very foundation of South Africa's transformation journey. 'The DA's court challenge against section 15A of the EEAA, which introduces sector-specific numerical targets to correct racial imbalances in the workplace, reveals its enduring opposition to redress and equality,' spokesperson Mahlengi Bhengu-Motsiri said. Kotze said it was difficult to predict what could transpire after the court action between the ANC and the DA. However, he said should there be serious difference of opinion about policy matters, that can break up the GNU. 'The GNU is working very well for the DA. Their public support is increasing, so there is no reason for them to pull out.'
News24
01-05-2025
- Business
- News24
ANC Parliament chief whip slams DA over budget impasse
As details of the budget impasse that led to the withdrawal of the VAT by Finance Minister Enoch Godongwana last week continue to surface, the ANC has accused its government of national unity (GNU) partner, the DA, of using the issue to advance its selfish agenda. The finance ministry announced the reversal of the proposed VAT increase on 24 April. The ANC said that when the DA realised it was losing the political discussion, the party had to use the VAT fallout as a scapegoat to stay relevant. On Wednesday, ANC Chief Whip Mdumiseni Ntuli said the DA's genuine concern was not the VAT increase but used it "because it's a contentious issue". ANC secretary-general Fikile Mbalula, spokesperson Mahlengi Bhengu-Motsiri and Zuko Godlimpi, the deputy minister of trade, industry and competition, also attended the briefing at the party's headquarters, Luthuli House. Ntuli told the media: They had to reinsert themselves into a positive national conversation about the budget, about the ANC walking away from the poor, which is not the reality. We all know that there's no way poor South Africans can depend on the DA's policies to liberate them. Ntuli said the DA also had major issues with passing the Basic Education Laws Amendment (Bela) Act and the NHI Act. He said the party also lost the debate on its demand for the devolution of powers, as it wanted to be given to the Western Cape. The DA, he added, had failed to have its member and Deputy Finance Minister Ashor Sarupen allocated more responsibilities and powers. "And I'll tell you why they chose the VAT when they went to court. If they had succeeded in negotiating their way on the issues relating to the budget, they wouldn't have gone to court. If you look at that budget, there is money allocated to early childhood development, which is part of the implementation of the Bela Act, by the way. There is money allocated to the National Health Insurance in that budget," he said. Ntuli added that what triggered the DA to go to court was the passing of the two Acts. "Had they achieved that, there was going to be no need for them to go to court. Whether you look at it in terms of their policies or ideological orientation, we know what the DA stands for," he said. On Sunday evening, the Western Cape High Court suspended Godongwana's 12 March announcement adjusting the VAT rate, "pending the passing of legislation regulating the VAT rate". The contentious VAT increase was due to be implemented on 1 May. Ntuli said there was no way the DA could have been the genuine representative of the poor in the VAT context. "But what they decided to do tactically was that because they did not succeed, they opted to take the contentious VAT issue and run with it because they've had setbacks along the way since the GNU started. "They have to find a way to come back into the mainstream politics," said Ntuli. He said the ANC and other political parties had agreed that a discussion must go ahead between Godongwana and Parliament's portfolio committee on finance after interventions to find a solution to the VAT issue. He added: Right from the onset, there was no ambiguity from the ANC; we put that position very firmly, both in Parliament and here at Luthuli House. You will remember that the DA was never about VAT in reality. Ntuli still believed that the budget tabled by Godongwana in March was one of the best presented in the country in a long time. He said it was unfortunate that it could not be discussed rationally because of the contentious VAT issue. "If you look at that budget in its totality, I would still argue it had the potential to take our country in the right direction," he said. "And the argument that the ANC was a major proponent of a VAT increase is not necessarily factual. Immediately after the budget was presented, we conducted interviews. And the common response from the ANC was that we wanted to invite the nation into a constructive conversation about what is certainly a good budget for us, but we equally said in our comments we fully understood that many people are not happy with the VAT increase," he said. He said that the ANC submitted its input to Godongwana. "When the minister presented the budget, for instance, it was before the SA Revenue Service commissioner presented his numbers. And in terms of his numbers, he said to the public, we have collected by over R9 billion. And the first conversation that we had to do with the minister from the agency's point of view is that the VAT of 0.5% for this year was meant to raise about R13 billion," he said. Ntuli said that because there was R9 billion, it meant that the major issue was finding the R4 billion budget shortfall. He said: All political parties in Parliament agreed about various interventions, strengthening institutions, fighting corruption, dealing with wastage and other interventions. We also agreed to improve the state capacity and to generate more resources, but equally to complement the investment meant to take place in terms of infrastructure. Ntuli added that it was clear that the impasse would be resolved by the end of the 30-day consultation because there was unanimity in Parliament.
