President Cyril Ramaphosa has noted the settlement agreement between the Minister of Basic Education and the Solidarity union on the Basic Education Laws Amendment Act (BELA). The BELA Bill was passed by the 6th democratic Parliament on 26 October 2023. The President assented to the Bill on 13 September 2024.
During the public signing of the Bill, President Ramaphosa announced his decision to delay the implementation date for sections 4 and 5 of the Bill by three months.
The decision was to afford parties time to deliberate on the issues of admission and language policy contained in the two sections and to submit proposals on how the disputed elements in the sections will be resolved.
On 28 November 2024, the Minister of Basic Education announced that she had signed an agreement with Solidarity on the exercise of her powers and responsibilities on the implementation of the BELA Act. It is worth noting that Solidarity is just one among many interested parties in the matter.
The agreement between the Minister and Solidarity has no bearing – in law or practical effect – on the inclusive multiparty discussions that are underway on sections 4 and 5 of the Act.
Furthermore, the agreement bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act.
President Ramaphosa reiterates his commitment to the undertaking he made when he signed the Bill on 13 September 2024 to give the parties three months to submit proposals on sections 4 and 5. The President therefore awaits the outcome of those deliberations.
It must be noted that the BELA Act was duly passed by Parliament and assented to by the President. It is now law. The Minister of Basic Education is enjoined to work towards its implementation, sections 4 and 5 aside.
The next step is for the President to determine the date of commencement and for the necessary regulations to be finalised. This will be done without undue delay.
The President is bound by the Constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners.
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