President Cyril Ramaphosa is under mounting pressure from the South African Democratic Teachers’ Union (Sadtu) to implement two contentious provisions of the Basic Education Laws Amendment (Bela) Act, which the union argues are essential for the country’s education transformation. In a strongly worded letter, Sadtu has warned the president that failure to enact the provisions by December 13 will result in legal challenges and a potential strike action. The union’s demands center on two key sections: one that would transfer the responsibility of pupil admissions from school governing bodies (SGBs) to provincial education departments, and the other that would shift control of school language policies from SGBs to provincial authorities.
Sadtu, an influential affiliate of the African National Congress (ANC), claims that Ramaphosa’s decision to delay the implementation of these sections was politically motivated, influenced by objections from the Minister of Basic Education, Siviwe Gwarube, and her party, the Democratic Alliance (DA). According to Sadtu, Ramaphosa’s reluctance to proceed with the provisions is a concession to political pressure rather than a reflection of genuine constitutional or legal concerns. The union maintains that there is no lawful or rational reason to withhold the implementation, emphasizing that the Bela Act was passed after more than a decade of consultation and legal review, including input from the DA.
The union’s General Secretary, Mugwena Maluleke, dismissed claims from the DA and their allies, such as Solidariteit and AfriForum, who argue that the provisions of the Bela Act infringe on constitutional rights and autonomy. Maluleke stressed that the Act had been crafted in line with a Constitutional Court injunction to address historical imbalances and to ensure equitable access to quality education. He pointed out that the DA had participated in the legislative process and that the Act had never been challenged in court for its constitutionality. Maluleke further criticized the “bilateral agreement” between Gwarube and white minority unions at the National Economic Development and Labour Council (Nedlac), accusing them of undermining the Act and perpetuating racial segregation in schools.
The two disputed sections of the Bela Act aim to facilitate greater government control over educational admissions and language policies, issues that have long been sources of contention in South Africa’s diverse and often divided school system. By placing the authority for these matters with provincial education departments, the government hopes to ensure a more inclusive and accessible education system, free from the barriers imposed by discriminatory language policies and exclusive SGB control. Sadtu argues that such reforms are critical to breaking down apartheid-era educational structures and ensuring that all children, regardless of their linguistic or socio-economic background, have equal access to public education.
Meanwhile, Gauteng Premier Panyaza Lesufi has thrown his weight behind the full implementation of the Bela Act, calling for a “liberation day” for South Africa’s youth. Speaking at an ANC Youth League conference, Lesufi reiterated the importance of promoting equal access to education, rejecting the notion that children should be denied entry to schools based on their proficiency in Afrikaans. He emphasized that the full implementation of the Bela Act would mark a significant step toward creating an inclusive education system that serves the interests of all South African children. His comments reflect a broader ANC push to prioritize transformation in the education sector, regardless of the political fallout.
On the other hand, the DA has warned that pushing ahead with the implementation of the contested provisions could destabilize the government’s coalition and damage the fragile Government of National Unity. The DA’s leader, John Steenhuisen, cautioned that any attempt to remove Gwarube over her stance on the Bela Act would mark the end of the unity government. The party’s spokesperson, Karabo Khakhau, has also suggested that should the provisions be enacted, their constitutionality should be subjected to judicial review. This ongoing standoff underscores the deep political divide surrounding education reform and the future direction of South Africa’s schooling system.
