‘Nothing is over!’ DA’s Helen Zille to continue fighting for clauses 4 and 5 of Bela Bill

Democratic Alliance (DA) federal chairperson Helen Zille has insisted that it’s “not over," and the party would continue to oppose the implementation of the Basic Education Laws Amendment (Bela) Bill, despite being fully signed into law on Friday, by President Cyril Ramaphosa.

Zille clarified that while the DA supports the implementation of the bill, this is contingent on the confirmation that it would be executed correctly.

The DA, which is one of the parties under the Government of National Unity (GNU), has been opposing the implementation of the bill.

The party argues that the bill will reduce the autonomy of school governing bodies (SGB’s) and centralise power to the hands of minister of Basic Education Siviwe Gwarube, who is also a member of the DA.

The Afrikaner-speaking community also expressed concerns that they fear the bill may force schools to adopt English as the primary language of instruction, which undermines their language and culture.

Even though Gwarube opposed the bill, and did not attend the signing ceremony, as her party the DA strongly opposed the bill, however, she later did.

Meanwhile, despite the vocal critics from political parties, the Afrikaner community,Ramaphosa signed the Bela Bill fully into law on Friday, December 20.

While the bill was first signed into law on September 13, Ramaphosa suspended the implementation of clauses 4 and 5 for a period of three months to allow for consultations.

Clause 4 seeks to amend sections of the South African Schools Act (SASA). It provides for an admission age, despite the age at which school attendance is compulsory.

As stipulated in section 3(1), a parent may, if he or she so wishes and subject to a few conditions, enroll a child in a school to start attending grade R at a younger age. 

Provided that, if a school has limited capacity for admission to Grade R, preference must be given to learners who are subject to compulsory attendance.

It provides that the governing body of a public school must submit the admission policy of the school to the Head of Department for approval.

Clause 5 seeks to amend section 6 of the SASA to provide for the governing body to submit the language policy of a public school, and any amendment thereof, to the Head of Department for approval.

In a statement, Ramaphosa said he has instructed Gwarube to see to the full implementation of the Bela bill.

"I have also instructed the Minister to do what is necessary, as is customary with any law, to ensure that the timeframe of implementation – particularly with regard to the preparedness of the system for universal Grade R access – and the consequential regulations setting out the norms and standards are prepared.

"All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law and the relevant policies and regulations," said Ramaphosa.

Meanwhile, Zille reiterated DA’s opposition on clause 4 and 5, stating that they are “unnecessary” and part of broader efforts to undermine Afrikaans.

“Nothing is over. We will continue to fight for democracy and the constitution forever,” Zille said in an interview with SABC News.

Zille said they support the implementation of the bill, but only if the finalisation of clauses 4 and 5 is executed correctly.

She said although the Bela bill will be implemented in its entirety, Gwarube first needs to apply ‘regulations to govern the implementation of the contentious sections.

“The important point is that minister Gwarube has to make sure that the norms, standards and regulations are there before those sections are implemented,” Zille said.

However, she warned that there would be delays, as formulating norms, standards and regulations takes time.

“There’s a legal process that you have to go there and involves public participation and involves a whole range of issues. So, Siviwe Gwarube will go through the legal process properly, step by step and will get those norms, standards and regulations in place. So that the contentious aspects of the bill can be implemented within that framework.”

She added that it normally takes about 18 months to put these norms, standards and regulations in place.

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