Latest news with #BasicEducationLawsAmendmentAct
IOL News
4 days ago
- Politics
- IOL News
Teacher unions divided on Bela Act guidelines
New guidelines for the implementation of the 2024 amendments to the South African Schools Act have sparked a fierce debate among education stakeholders. Image: Independent Newspapers Archives The Department of Basic Education's newly released Guidelines for the Implementation of the 2024 Amendments to the South African Schools Act have sparked a sharp divide among education stakeholders. Issued to MECs for Education and provincial heads of departments, the guidelines aim to clarify the interpretation and rollout of the Basic Education Laws Amendment Act (BELA), focusing on contentious areas such as language policy, admissions, and the role of school governing bodies (SGB). Civil society organisation Free SA has welcomed the guidelines, calling them a victory for constitutional governance, while the South African Democratic Teachers' Union (SADTU) has outright rejected the guidelines, calling them unlawful and politically motivated. Free SA, a constitutional rights advocacy group, applauded Minister Siviwe Gwarube, a member of the DA, and her team for incorporating core democratic principles into the guidelines. 'Free SA commends minister Gwarube for her leadership and responsiveness,' said spokesperson Reuben Coetzer. 'By anchoring these guidelines in the Constitution and administrative justice, she has taken a vital step in protecting the democratic ethos of South African schooling.' The organisation said many of the recommendations it submitted in a January 2024 memorandum have been adopted. These include the use of clear and objective standards for the assessment of admission and language policies, time-bound appeal procedures, and protections for SGBs from arbitrary interference. 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 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. Next Stay Close ✕ 'SGBs cannot be dissolved or stripped of functions without a documented failure, due process, and an opportunity for rectification,' said Coetzer. However, SADTU issued a scathing media statement, accusing the Minister of acting outside the limits of her legal authority. 'The minister seems confused about her legal authority in terms of the Constitution,' the union said. 'She cannot exercise a power she does not have in law.' SADTU general secretary Dr Mugwena Maluleke said the union had written to the minister several times through its lawyers, warning that BELA does not authorise her to issue guidelines with legal effect. 'The law is clear that the Minister is only allowed to make regulations, not guidelines, in terms of the BELA Act,' the union stated. It went further, alleging that the release of the guidelines is part of the DA's political strategy to hinder full implementation of BELA, particularly sections dealing with language and admissions. 'We therefore demand that the Minister retract these guidelines and stop delaying tactics. We want the process to be lawful and be speeded up,' said Maluleke, urging schools, MECs, and SGB members to ignore the guidelines. In contrast, the National Professional Teachers' Organisation of South Africa (Naptosa) took a more constructive tone. Naptosa provincial CEO Thirona Moodley said the guidelines are 'fair to all stakeholders and do not impose unnecessarily on the jurisdiction of any stakeholder.' She added that Naptosa has representatives on all BELA regulation drafting committees and is confident that the final regulations will be practical and clear. 'Our reps are able to identify with the needs of the schools, thereby making valuable input from that perspective,' she said. Moodley encouraged public participation once the draft regulations are released. While the department has clarified that these are interim, non-binding guidelines, Free SA said they set an encouraging precedent for how BELA can be implemented without undermining constitutional values. The group said it would remain vigilant in monitoring the next phase of regulation development. Meanwhile responding to questions in the Basic Education Portfolio Committee yesterday, Minister Gwarube said that regulations regarding the Act would be published by the end of this month. "We made a commitment last year that by the end of June, the regulations would be out and published for the public. We are not at the end of June.' Gwarube also said the drafting of the regulations was an intricate process. 'It is not done by the minister. It is done by the legal team within the department in conjunction with the Office of the Chief State Law Advisor. That is the legal process we must allow to take its course. The regulations don't delay the implementation of the Act. "The Act is in force and implementable. The regulations seek to give clarity on certain parts of the Act and how they should be implemented.' THE MERCURY
IOL News
5 days ago
- Politics
- IOL News
No delays in the Basic Education Laws Amendment Act: Gwarube's assurance
Department of Basic Education Minister Siviwe Gwarube insists that there have been no delays with any of the processes to implement the Basic Education Laws Amendment Act and the drafting of the regulations. Image: Facebook Basic Education Minister Siviwe Gwarube on Tuesday reiterated that there was no delay in the implementation of the Basic Education Laws Amendment (Bela) Act and the drafting of its regulations. Responding to questions in the Basic Education Portfolio Committee, Gwarube said she had on numerous occasions informed the committee and Parliament that the Bela Act was already enacted into law. 'The last time, in Parliament, I indicated that when the Act is signed into law, it comes into effect. There is no delay,' she said. This was after EFF MP Mandla Shikwambana said South Africans were confused about what was happening with regards with Bela Act and regulations. 'You are deliberately playing a political game and using delay tactics. No matter how smart you are to give us answers, the fact of the matter is that there is a serious deliberate delay in dealing with the regulations,' Shikwambana said. 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 He wanted to know when the clauses in the Bela Act that deal with language and admissions will be fully implemented. 'We need those regulations. They must come and be published. If you have got them or published them elsewhere, can you furnish us with those regulations?' Shikwambana said. ANC MP Tshepo Louw wanted to know about the delays in the proclamation of the Bela Act's clauses on admission and language. Louw asked about the advice the State Law Advisor gave the department on the outstanding regulations and the status of the regulations. In her response, Gwarube said the two clauses of the Bela Act came into operation when the new law was signed by President Cyril Ramaphosa in December 2024. 'Those sections came into law last year already. There is no delay in implementing the Act itself or specific amendments. They are in the entirety of the law and remain law as we speak,' she said. Gwarube stated that the drafting of regulations was not a straightforward process. Last year, the department made a commitment that there would be guidelines while regulations were being drafted and then published for public comment in June 2025. 'The date, as we stand here, is June 17. We are about two weeks away from the end of June,' she said. 'I really do battle to understand the assertion and even the accusation that somehow there is a delay in the implementation of the Act and production of the regulations. We made a commitment last year that by the end of June, the regulations would be out and published for the public. We are not at the end of June.' Gwarube also said the drafting of the regulations was an intricate process. 'It is not done by the minister. It is done by the legal team within the department in conjunction with the Office of the Chief State Law Advisor. That is the legal process we must allow to take its course. The regulations don't delay the implementation of the Act. "The Act is in force and implementable. The regulations seek to give clarity on certain parts of the Act and how they should be implemented.' She also said she would not be tired of answering the same question repeatedly asked despite the accusations in relation to the two clauses of the Bela Act and the regulations. 'There has been absolutely no delay with any of these processes.' But, committee Chairperson Joy Maimela said they wanted to see the Bela Act in action as schools have started with the application process for next year's admissions. 'Where we are seated, we should invite the department to come and give an account of how many language policies they have seen and dealt with,' Maimela said.
IOL News
6 days ago
- Politics
- IOL News
'We will not be silent': RISE Mzansi marks youth day with bold call to action for SA's youth
RISE Mzansi commemorates Youth Day at the Hector Pieterson Memorial, vowing to continue the fight for dignity, safety, and opportunity for young people. Image: File RISE Mzansi has vowed to continue fighting for the issues that affect South Africa's youth, drawing a direct line between the struggles of 1976 and today's challenges. Speaking at the Hector Pieterson Memorial during a wreath-laying ceremony on June 16, RISE Mzansi National Leader Songezo Zibi MP delivered a scathing indictment of the country's failure to protect and empower young people nearly five decades after the Soweto uprising. 'Today, we stand here, 49 years since Hector Pieterson, Tsietsi Mashinini, and scores more bled and lost their lives for the liberation of this country and its young people. Their fight is far from complete, and the scars of that era still remain,' said Zibi. He said that while legislation like the Basic Education Laws Amendment Act exists, the current school environment remains hostile and dangerous. 'In the last year, there were 42 cases of rape; 96 cases of attempted murder; 1,214 cases of assault GBH; and 376 cases of rape at places of learning,' he stated. Zibi said RISE Mzansi had formally asked the Minister of Basic Education to deliver an Executive Statement in Parliament on June 24 to account for efforts being made to improve school safety and quality. 'The case of little Cwecwe is not an isolated one,' he added, referencing recent tragic incidents involving children. Beyond education, Zibi tackled youth unemployment head-on, condemning the government for presiding over a crisis where 'the youth unemployment rate is close to 50%, or just over 62% if you include young people who have given up on looking for work.' 'These young people are you; the ones gathered here today in the name of Hector Pieterson; they are our family members,' he said, adding that the current R370 Social Relief of Distress (SRD) grant should be transformed into a R35-billion investment in youth economic development. 'Let us fund the future, rather than plastering over our current problems.' He also raised concerns about a 'silent crisis' ravaging communities: gambling addiction. 'You look left, you look right, you see gambling advertising on TV, during sports matches, on social media, and even at Home Affairs,' said Zibi, warning that the addiction among young people aged 25 to 35 is spiraling. RISE Mzansi also highlighted the growing food insecurity affecting over 20 million South Africans, particularly children. 'Twenty-three percent of children suffer from severe hunger, which results in developmental problems such as stunting,' the party said, emphasizing the role of MEC Vuyiswa Ramokgopa in addressing the issue through food empowerment initiatives. Turning to the upcoming National Dialogue, RISE Mzansi expressed concern about the reported R700-million budget. 'The touted R700-million price-tag appears to be excessive,' Zibi said, saying the party would use its parliamentary oversight to ensure financial accountability. The party insists that the dialogue must 'address issues of justice in all its forms' and not 'escape the issue of ethical leadership across society, political, business, civil society, and academia.' 'RISE Mzansi will continue to fight for the South Africa we all deserve, and this cannot be done without working with and listening to young people,' Zibi said. IOL News
IOL News
30-05-2025
- 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.
Eyewitness News
29-05-2025
- Politics
- Eyewitness News
SA's transformation laws can't be changed because other parties disagree
Babalo Ndenze 29 May 2025 | 13:36 FILE: Deputy President Paul Mashatile addressed the National Council of Provinces in Parliament, Cape Town. Picture: @PresidencyZA/X CAPE TOWN - Deputy President Paul Mashatile said that the country's transformation laws must be implemented and can't be changed because some parties said that changes to the laws that were passed by both houses of Parliament had to go through the same process. On Thursday afternoon, Mashatile responded to questions in the National Council of Provinces on a range of issues, including transformation and threats to social cohesion. Mashatile was asked whether he had considered implementing measures to ensure that the emerging attacks on the country's transformation agenda would not lead to further regression of social cohesion. Some of the transformation laws in question include Broad-Based Black Economic Empowerment (BBBEE) and other redress policies like the Basic Education Laws Amendment Act, which are being opposed by the Democratic Alliance (DA). But Mashatile said that the laws weren't about to change. "There are those who seek to undermine transformative pieces of legislation that have been passed, particularly by the previous administration. But the government is quite resolute that those laws that were passed by the previous administration must be implemented." He said that if any party wanted to make changes to the existing laws, they must go to the Cabinet before going back to Parliament.
