The South African Democratic Teachers’ Union (SADTU) has given President Cyril Ramaphosa an ultimatum to implement Sections 4 and 5 of the Basic Education Laws Amendment (BELA) Act by 13 December 2024, or face legal and industrial action.
If the President does not comply, the Union will take legal action and embark on industrial action.
In an urgent letter to the President, SADTU expressed concern that the Act has not been fully enforced, despite it being passed with extensive consultation and in line with constitutional mandates to redress past imbalances in access to quality public education.
SADTU argues that there is no lawful or constitutional reason for delaying these sections, which clarify the roles of School Governing Bodies (SGBs) and Provincial Heads of Department regarding admission and language policies. The union contends that the decision to postpone the Act’s implementation was politically motivated, driven by objections from the Democratic Alliance (DA) and Basic Education Minister Siviwe Gwarube.
The process of the passing of the Act involved extensive consultation and took a period of more than 10 years. During this period, the DA participated in the process. Similarly, when the Bill was passed in Parliament, the Minister who was and remains a member of parliament, participated in the decisions taken by parliament.
SADTU also criticized the recent agreement between the Minister and white non-representative unions, Solidarity and AfriForum, which was signed at NEDLAC, claiming it undermines the Act’s progressive goals.
“We will not allow white supremacists to use the department of education to practice their racism,” said a SADTU representative, emphasizing that the Act is intended to dismantle barriers to education created by discriminatory language policies. SADTU calls for all schools to respect the Constitution and ensure that children have the right to access education without the obstacles created by exclusionary policies.
Meanwhile, the African National Congress (ANC) has praised the BELA Act as a transformative milestone in South Africa’s education system, highlighting its focus on early childhood education, the recognition of Sign Language as an official language, and the regulation of special education schools. The ANC also emphasized that Sections 4 and 5 are crucial to addressing historical inequalities in admissions and language policies, which were once used to exclude black learners.
The ANC is resolute in ensuring no child is discriminated against based on language or any other grounds. The Act strengthens multilingualism in education, advancing the constitutional vision of unity in diversity and addressing the marginalization of indigenous
African languages.
The ANC is adamant that no child should be discriminated against based on language or other grounds. “We reject any attempt to use these debates to defend white privilege or reverse transformation,” an ANC spokesperson said, referencing protests by Afrikaner organizations on 5 November 2024 that revealed underlying resistance to change. The party remains committed to advancing multilingualism in education, particularly the promotion of indigenous African languages that were marginalized under apartheid.
Despite some opposition, the ANC continues to advocate for the full proclamation of the BELA Act, urging the President to implement it without further delay. They also called on the Pan South African Language Board (PANSALB) to promote mother-tongue education and stressed the need for a national conference to advance multilingualism in schools and higher education.
We remind the Minister of Basic Education to respect the authority of Parliament on law making-processes and the authority of the President as Head of the National Executive, with primary responsibility to uphold, defend and respect the Constitution as the supreme law of the Republic as well as to promote the unity of the nation and that which will advance it.