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.
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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.
mayibongwe.maqhina@inl.co.za
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