Latest news with #Bela)Act
Daily Maverick
a day ago
- Politics
- Daily Maverick
Confusion or clarity? Mixed reactions to Gwarube's Bela implementation guidelines
Basic Education Minister Siviwe Gwarube's newly released implementation guidelines on school language and admissions policies under the Basic Education Laws Amendment (Bela) Act has sparked a wave of mixed responses. While some have cautiously welcomed the move as a tactical step forward, others warn that without formal legal status, the guidelines may create more confusion than clarity within the education sector. Basic Education Minister Siviwe Gwarube's newly released guidelines for implementing the Basic Education Laws Amendment (Bela) Act aim to assist provincial education departments in navigating two of the act's most contentious issues: school admissions and language policies. The guidelines also address the new legal mandate that extends compulsory education by an additional year to incorporate Grade R, as well as introduce measures for the increased regulation of home schooling. Approved by the Council of Education Ministers, the guidelines have nonetheless met with a mixed response. According to the new guidelines sections 4 and 5 of the act will undergo thorough public consultation before any government directives can be issued. The guidelines state that a school's language policy must prioritise the best interests of learners, while also taking into account available resources, classroom capacity, and what is offered at surrounding schools. Structured process The government will not be able to impose decisions unilaterally — instead, a structured process must be followed before any changes are made to a school's language or admission policies. School governing bodies, parents, relevant associations, and the broader community in which the school operates will all play a role in these decisions. Under the regulations, before a provincial education head can direct a school to adopt more than one language of instruction, they must first ensure that all public participation requirements outlined in the South African Schools Act are met. These include issuing public notice and allowing for a comment period, during which the school, its governing body, parents, and the community can make informed submissions on the proposed change. A public hearing must also be held with reasonable notice, and stakeholders must be given at least 30 days to submit their input. On admissions, the guidelines advise that if a provincial department wishes to force a school to change policy, the department must allow the school governing body an opportunity to dispute and discuss the change. Education expert Mary Metcalfe has welcomed the guidelines, stating that they align with both the act itself and existing national and provincial norms and standards for admissions and language policy. Metcalfe stated that the Bela Bill already made provision for meaningful public participation from school communities and governing bodies, indicating confidence in the law's inclusivity on this front. On the issue of language policy, she said the guidelines were fully consistent with the Bela Bill and should help enable smoother implementation, particularly as provinces began preparations for the 2026 academic year. 'The planning for the 2026 school year will need to ensure that all provinces provide for the admission of all children who turn six in 2026 — Grade R in all schools for all eligible children,' she said. Concerns raised However, other stakeholders have raised significant concerns about the guidelines' practical impact and legal status. Equal Education Law Centre attorney Ebrahiem Daniels and senior researcher Katherine Sutherland said that, in their preliminary view, the guidelines were non-binding — as they themselves acknowledge — and carry little to no legal weight for provincial education departments. They added that the Department of Basic Education had the authority to issue such guidelines, and did so routinely, from exam protocols to hygiene practices in schools. 'These particular guidelines, in our opinion, add little practical value. They largely restate what is already in Bela in more complicated and convoluted language,' they said. Daniels and Sutherland noted that although the Department of Basic Education acknowledged giving 'key stakeholders' only a short window to review the draft guidelines, citing urgency, it remained unclear how those stakeholders were chosen — and no broad public call for comment was made. 'Civil society organisations currently working in education were not consulted and were not alerted, including ourselves and our social movement partner Equal Education. On top of that, we are aware from consultations with others that they were not either,' they said. From their Equal Education Law Centre understanding, the consultation primarily involved representatives from organisations historically opposed to the language and admissions provisions in the Bela Bill. 'Government sources indicate these same groups were involved in drafting the soon to be released draft norms on school capacity. Many of these stakeholders have, in the past, prioritised maintaining small class sizes in well-resourced public schools over broader equity considerations, even when other schools face overcrowding. 'Our concern is that this recent pattern of favouring stakeholders with clear vested interests may influence the upcoming binding regulations on school capacity, which are far more important than non-binding guidelines,' they said. When asked about the potential for the uneven application of the guidelines across provinces or districts, Daniels and Sutherland said the risk was high, given the significant disparities in administrative capacity, financial resources, and political leadership across provinces. They noted that some provinces may interpret the guidelines in line with political priorities, while others may treat them more strictly or disregard them altogether. They also pointed out that differing apartheid legacies could lead to provinces approaching language and admissions policies in fundamentally different ways. Daniels and Sutherland noted that the guidelines came at a time when schools and education departments urgently needed clarity. However, instead of offering clear, practical direction, the guidelines tended to echo Bela's language while introducing new layers of procedural complexity not found in the legislation. 'The length and complexity issue is particularly problematic. A school principal seeking clarity on admission procedures must now navigate pages of detailed factors, cross-references, and procedural requirements that could have been streamlined into clear decision-making frameworks. The guidelines; convoluted approach may actually hinder rather than help implementation,' they said. 'The irony is that in a purported attempt to provide guidance on the interpretation and implementation of Bela, the minister has created a document that may require its own interpretation.' Sadtu labels guidelines unlawful The South African Democratic Teachers' Union (Sadtu) has condemned Gwarube for releasing what it calls 'purported guidelines', describing the move as arrogant and unlawful. In a media statement, Sadtu said the minister lacked the legal authority to issue such guidelines, pointing out that, under the Constitution, only regulations — not guidelines — could be made in terms of Bela. 'We are yet to understand what legal basis and authority these purported guidelines derive from,' the union said, noting that Gwarube herself admitted the guidelines had no binding or lawful effect. The union also accused the minister of deliberately creating confusion and advancing a political agenda aligned with her party, the Democratic Alliance (DA). Sadtu emphasised that it had fully participated in the lawful development of the Bela regulations, which were concluded at the end of March 2025. However, it said it had seen no progress on the formal release of those regulations since then. The union has urged MECs and education department heads not to distribute the guidelines to schools. It has also called on all school governing bodies and its union members serving on them to disregard the minister's document. The National Professional Teachers' Organisation of South Africa (Naptosa) voiced concerns over the limited consultation period and the non-binding nature of the guidelines. While acknowledging the value of stakeholder input, spokesperson Basil Manuel warned that the short review window and lack of legal force risked uneven implementation across provinces — particularly on key issues like compulsory Grade R, language policies, admissions, and school governing bodies' roles. Manuel also flagged concerns about the recommendation that Early Childhood Development (ECD) centres provide Grade R and register as independent schools. He noted that many under-resourced centres may struggle to comply without significant provincial support, infrastructure investment, and capacity building. Manuel also reaffirmed Naptosa's commitment to advocating for fair, legally sound policies that guaranteed quality public education for all learners. DM
IOL News
5 days ago
- Politics
- IOL News
MPs pile pressure of basic education minister to publish Bela regulations
Basic Education minister Siviwe Gwarube. Image: GCIS BASIC Education Minister Siviwe Gwarube says her department is on track to publish the regulations relating to the Basic Education Laws Amendment (Bela) Act before the June deadline. 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. EFF MP Mandla Shikwambana had said South Africans were confused about what was happening with the 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. He wanted to know when the clauses in the Bela Act that deal with language and admissions will be fully implemented. 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 ✕ '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. 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
The Citizen
6 days ago
- Politics
- The Citizen
Bela Act guidelines issued, minister accused of ‘worthless' delays
Guidelines for the Bela Act were issued on Thursday, but no regulations have been gazetted by Minister Siviwe Gwarube. The legal fortitude of a set of guidelines issued by Basic Education Minister Siviwe Gwarube is under scrutiny. An announcement on regulations governing the Basic Education Laws Amendment (Bela) Act has been pending, but the minister chose a different option last week. The minister issued guidelines on the Bela Act on Thursday; however, these guidelines have not been gazetted, as would be the procedure for regulations governing legislation. Disputed Bela Act sections President Cyril Ramaphosa signed the Bela Act in September 2024, which amended certain sections of the South African Schools Act of 1996. Sections covering language and admissions policies were hotly contested, but Gwarube's guidelines reiterate that language and admission policies remain under School Governing Body (SGB) control. Anti-Bela Act Protestors were adamant that section 4 and 5 of the Bela Act would give education department officials undue control over schools by mandating schools to have their language and admission policies pre-approved by government. In the guidelines, Gwarube states that the document was approved after consultation with the Council of Education Ministers and instructed its distribution to all education administrators. The South African Democratic Teachers Union (Sadtu) was unhappy, accusing Gwarube of attempting to create confusion around sections 4 and 5 of the Bela Act and delaying the release of the full regulations. 'The law is clear that the minister is only allowed to make regulations, not guidelines, in terms of the Bela Act, and that is the very reason that Sadtu rejected these guidelines in the first place,' the union stated on Friday. 'Sadtu are adamant that the guidelines are worthless. We are well aware of their tactics trying to halt [the Bela Act's] full implementation. 'We call on all our members who serve in the SGBs across the country to ignore these unlawful guidelines and demand for the implementation of the regulations,' the union concluded. Language and admissions The guidelines stipulate that language policy should be determined with pupils' best interests in mind, while considering the offerings at other schools and optimal use of classrooms and resources. On admissions, the guidelines advise that if a provincial department wishes to force a school to change policy, the department must allow the SGB an opportunity to dispute and discuss the change. 'The exercise of such authority must always be rational and informed only by all relevant factors,' state the guidelines. Gwarube's guidelines urge all parties to operate responsibly and in good faith to avoid litigation, adding that early planning was necessary. 'SGBs of public schools are strongly encouraged to take proactive measures as early as possible in the 2025 school year to ensure that their language policies comply with the requirements of section 6(5) of the SA Schools Act,' state Gwarube's guidelines. The Western Cape's online admission window closed in April, and the Gauteng Department of Education's (GDE) online admissions window runs from 24 July to 29 August. GDE spokesperson Steve Mabona recently told The Citizen that if the guidelines necessitated any changes to their system, it would be communicated to the public, but he referred specific questions on the guidelines to the national department. Questions on the guidelines and the gazetting of regulations were sent to the Department of Basic Education, but no response had been received at the time of publication. 'Heat under the pot' The Afrikaans community has been the most vocal about the Bela Act and their belief that it would be used to hijack Afrikaans-only schools. Wynand Boshoff, Freedom Front Plus (FF+) parliamentarian, welcomed restraints being placed on government officials who wished to meddle in schools' affairs. 'As long as these guidelines remain in effect, an HoD [head of department ] will not have the authority to suddenly intervene in a school's affairs without thorough consultation and reasonable consideration,' stated Boshoff. He explained that the guidelines applied to the norms and standards, but warned that a future minister could make alterations at their discretion. 'The FF+ remains cautious as the heat under the pot in which the frogs are being boiled has only been turned down ever so slightly. 'Ultimately, the pot is still on the stove. The Freedom Front Plus remains fully committed to self-determination in education,' Boshoff concluded. NOW READ: Full implementation of Bela Act bruises DA's ego
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.
Daily Maverick
19-05-2025
- Politics
- Daily Maverick
Bela Act makes Grade R compulsory, but where is the money?
If Treasury can quietly decide which democratically enacted laws deserve funding resources, we no longer live under a constitutional democracy, but under rule by executive discretion. South Africa's budget season has been dominated by political party grandstanding, masquerading as genuine engagement with the Budget. Amid these theatrics, one glaring issue has inexplicably fallen by the wayside: the complete absence of funding for compulsory Grade R implementation, despite Parliament rightfully passing a law in 2024 that makes it mandatory. Meanwhile, an estimated 200,000 six-year-olds are waiting outside the classroom because National Treasury has decided which laws warrant implementation and which can be quietly smothered through budgetary neglect. The Basic Education Laws Amendment (Bela) Act makes Grade R compulsory and part of the definition of basic education, a constitutionally protected and immediately realisable right. The Department of Basic Education's costing estimated that inclusion of universal Grade R in the basic education sector would require R17-billion – R5.26-billion for educators and R12-billion for infrastructure. For context, this additional money that is needed amounts to only 0.7% of the previously proposed 2025 national Budget. To be clear, this costing is known to Parliament and Treasury, neither of which has contested these figures. Yet, three consecutive Budget proposals have allocated nothing to Grade R implementation – the 2024 Medium Term Expenditure Framework outlining spending plans for the next three years; the Budget that never was, and the 2025 Budget that was never passed. When Equal Education Law Centre (EELC) and other civil society organisations directly questioned Treasury on this matter, officials first dodged the issue before suggesting provinces should 'use what they currently have' – expecting them to somehow absorb a R17-billion obligation within budgets already cut to the bone, despite provinces deriving 97% of their income from national government. The EELC's walk-in law clinic has heard from clients around the country of their inability to obtain placement for their learners in Grade R. The Western Cape Education Department (WCED) reported 4,365 unplaced Grade R learners earlier this year, acknowledging insufficient capacity to fulfil its obligations. In response, the provincial education department said that it was redirecting children from no-fee public schools to fee-paying independent institutions, shifting the state's responsibility to families who inevitably cannot afford it. Meanwhile, parents have sought our advice, fearing potential criminal sanctions for failing to enrol their children in Grade R, creating an absurd situation where caregivers are legally bound to access services the government refuses to provide. The DBE tacitly acknowledges its own inability to meet its obligations in the draft implementation guidelines for Bela, which state: 'Any parent whose child must be enrolled in Grade R at a school in terms of section 2(a) of the Bela Act and who can demonstrate that there are no Grade R places available to that child at registered early childhood development centres, public schools and independent schools within 5km of their place of residence or place of work would justifiably not be able to comply with the compulsory school attendance requirements.' Not only is the burden shifted to already disadvantaged families, these guidelines introduce onerous administrative hurdles. It is now the responsibility of parents to 'demonstrate' unavailability of places within an arbitrary 5km radius — regardless of transportation costs, fees, safety concerns or other access barriers. The problem with unfunded mandates An unfunded mandate – when legislation or policy establishes a legal obligation for a sphere of government to deliver specific services without Treasury allocating the requisite financial resources to fulfil this obligation – is a breach of the principle 'finance follows function'. Unfunded mandates are not inherently unlawful, but Grade R is not just any unfunded mandate. When Grade R was included in the definition of basic education, it created not just an obligation for parents to send their children to school, but a corresponding right that children have now — not whenever Treasury decides it is convenient. It is noteworthy that not a single political party has taken up Grade R funding as an issue in their engagement with the budgets, despite almost all having vigorously campaigned on early learning and literacy. This funding gap reveals three serious governance failures. First, it fundamentally disrupts the separation of powers. When Parliament passes a Bill, it exercises its law-making authority. When Treasury subsequently refuses to fund these mandates, it overrides Parliament's legislative authority without any democratic process. Parliament becomes a hollow chamber if its laws can be rendered meaningless through budgetary decisions made behind closed doors. Second, it fractures our system of cooperative governance. The Constitution envisions a harmonious relationship between national and provincial governments, where responsibilities are matched with resources. This is not to suggest that provinces bear no responsibility — many have failed to efficiently utilise existing education resources and could reprioritise certain expenditures. However, an unfunded mandate of such gravity goes far beyond ordinary budgetary tensions, creating an environment where even the most efficiently run provinces are set up to fail. Third, unfunded mandates fundamentally weaken the rule of law while breeding cynicism among a public already excluded from Treasury's inner workings. When government enacts laws promising educational rights it has no intention of honouring, it teaches the public that law creates binding obligations only for them — not for the state itself. Each unfunded mandate not only chips away at public trust, but also introduces the dangerous idea that laws are merely optional guidelines for government while remaining strict mandates for the public. If Treasury can quietly decide which democratically enacted laws deserve resources — while parents simultaneously face potential criminal sanctions for non-compliance with those same laws — we no longer live under a constitutional democracy, but under rule by executive discretion. Government processes then become merely theatrical performances rather than substantive governance, with Parliament reduced to a stage for political grandstanding while real decisions happen behind Treasury's closed doors. Way forward The path ahead is painfully clear. Almost every political party represented in Parliament promised during the election to prioritise early learning, literacy and numeracy. Now, those promises have to translate into concrete budgetary commitments. Having made Grade R both compulsory and part of basic education, there is no grey area, no room for budget gymnastics or administrative workarounds. The only solution is to fund Grade R implementation. Not next year. Not when fiscal conditions improve. Now. Because the right to basic education is not conditional, and laws are not suggestions. DM Katherine Sutherland and Daniel Peter Al-Naddaf are with Equal Education Law Centre's research department and are members of the Budget Justice Coalition.
