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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
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
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.
The Citizen
5 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
10-06-2025
- Business
- IOL News
Education sector grapples with financial strain from national government underinvestment
ducation sector faces severe financial strain due to a decade of chronic underinvestment by the national government Image: Supplied The Minister of Basic Education, Siviwe Gwarube, revealed that the Education sector is facing severe financial strain due to a decade of chronic underinvestment by the national government. The Minister indicated that the repeated redirection of public funds to bail out struggling state-owned enterprises, combined with poor financial management at the provincial government level, is also causing severe financial strain in the sector. This was revealed after the Minister recently initiated the unprecedented review of all nine provinces for the 2024 financial year. 'The education sector is under extraordinary pressure; without urgent intervention and robust financial planning, several provincial education departments risk becoming insolvent before the end of the current financial year. There is no room for complacency," said Gwarube. Several provinces are experiencing escalating financial challenges, most notably KZN. The South African Democratic Teachers Union (Sadtu) in KZN revealed that the department has collapsed financially. Sadtu provincial secretary Nomarashiya Caluza indicated that the department owes close to R250 million to the eThekwini Municipality for water delivered by water tankers, as detailed in the municipality's financial report released last month. The report also showed that the KZN education department has faced serious budget cuts over the past few years and has revealed that it is struggling to meet its obligations. It has emerged that it has not paid all the suppliers of the school nutrition programme and missed salary payments to Grade R teachers, who were expected to be paid in May. Gwarube said the department has recently met with KwaZulu-Natal MEC for Education, Sipho Nhlamuka, and representatives from the Office of the Premier to discuss the province's mounting challenges. Gwarube said the department is engaging with the National Treasury and other education departments from all affected provinces to explore interventions aimed at addressing their most urgent service delivery challenges. 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 The minister has assured the public that the department will remain committed to working with both provincial and national stakeholders to shield learners from the worst impacts of the current financial crisis. "All MECs and Heads of Provincial Education Departments to submit comprehensive plans safeguarding the continuity of education service delivery and addressing irregularities in school personnel management," said Gwarube. Gwarube is calling on all all MECs and Heads of Department to fully account for their performance in key service delivery areas, by ensuring timely disbursement of statutory school payments, including school allocation, restoration or continuity of basic services at affected public schools, such as electricity, water, security, learner transport, and the National School Nutrition Programme. IOL News
