President Cyril Ramaphosa signed the bill into law in September but delayed the implementation of clauses 4 and 5 by three months to allow further discussions.
Proponents of the Basic Education Laws Amendment (Bela) Act have used the SACP’s 5th Special National Congress to garner support for the legislation’s full implementation ahead of President Cyril Ramaphosa’s decision expected on Friday.
Ramaphosa signed the bill into law in September but delayed the implementation of clauses 4 and 5 by three months to allow further discussions.
The deadline for submissions on the sections is Friday.
One clause relates to the provincial departments being responsible for admitting pupils into a public school, taking away the role of school governing bodies (SGB).
The other wants state schools when determining language policy to take into account the language needs of the broader community.
Speaking at the SACP’s 5th Special National Congress in Johannesburg on Thursday, Gauteng Premier Panyaza Lesufi said if the agenda of the Bela Act failed, there was no way the agenda of the National Health Insurance (NHI) would succeed.
“The enemy would have tasted blood so that they could push us back.
“This is the period when we need to stand together for the sake of our children and our country. Betrayal is not an option. This is a period when cowards must step aside and leave the brave to go forward. Periods like this want us to strengthen our forces. Periods like this want us to have a strong and agile alliance.
“We are not children of cowards. We are children of stalwarts,” he said.
The South African Democratic Teachers’ Union (Sadtu) earlier this week wrote a letter to Ramaphosa warning him that it will not hesitate to legally challenge his decision if he does not give the green light for the implementation of the two sections, and also embark on a strike. Sadtu stated that the Bela Act has not been challenged in any court of law for its constitutionality.
“There was no lawful, rational, or constitutionally valid reason for not putting the two sections into operation.”
The union said the SACP’s ability to offer a clear and principled left agenda was critical in steering the nation away from neo-liberal policies that serve only the interests of a privileged elite.
“We urge the Congress to reaffirm the historic role of the SACP as the vanguard of the working class, ensuring that socialism remains at the core of South Africa’s economic and social transformation. Sadtu commits to advocating for the unity of the Alliance. We remain confident that this Congress will reignite the collective resolve of Party cadres to build a socialist society free of oppression and exploitation,” said Sadtu general secretary Mugwena Maluleke.
DA leader John Steenhuisen said he was hoping for a win-win solution for everyone, that will give effect to the Bela Bill.
“It’s up to the President at the end of the day to make a final decision on how we move forward on this particular matter. I think we can find each other and we have the potential of having a win-win solution. This would be a good marker for the Government of National Unity (GNU), a good way to end the year. It will set a clear message that although we are different parties and will not agree all the time, we can find compromises that are in the interest of South Africa,” said Steenhuisen.
In his opinion piece, Dr Solomon Chibaya, lecturer in the Department of Education Management, Policy, and Comparative Education, University of the Free State, writes: “We will be heading for litigation and threats.
“At the centre of this is the child whose best interest we are supposed to be looking out for. Beyond Friday, December 13, 2024, our focus will move away from the child to the National Assembly, the courtrooms, the never-say-no law firms. All eyes will be on the political space.
“What will add further fuel to the fire (if the act is approved in its entirety) is that at the helm of the department in which the act is being debated is a DA minister, Siviwe Gwarube. Will she toe the line and follow the law as expected by her office? Or will she follow the direction of her political party, which has been clear about how much it abhors the act, especially in relation to its current form? She could find herself in the firing line.”
Cape Times