The ACDP notes with deep concern that, despite widespread objections from various political parties and organisations, President Ramaphosa announced his intention last Friday to fully implement the controversial Basic Education Laws Amendment Act (BELA Act). This after he announced a three-month delay in implementing two contested clauses, namely clause 4 (which gives the department more control over admissions policy), and clause 5 (which compels school governing bodies to submit the school’s language policy to provincial heads of department for approval), to allow for further consultation.
Sadly, and despite ongoing objections from many organisations, all political party leaders in the government of national unity (GNU) have now agreed that the BELA Act should not be sent back to the Seventh Parliament to consider the constitutionality of these contentious clauses, but that the law should be fully implemented.
Whilst we appreciate the complexities of the GNU, the ACDP is deeply disappointed by those political parties who initially opposed clauses 4 and 5 and expressed their very serious concerns regarding the implications should President Ramaphosa assent to the then Bill but have now agreed to the implementation of the BELA Act (despite certain reservations being expressed).
Despite assurances that the implementation of the Act will be subject to strict regulations, norms and standards, we question whether the Minister of Basic Education, Siviwe Gwarube, will have the political support in the GNU to ensure that regulations sufficiently address the many concerns expressed about these and other two clauses. This after the political storm surrounding her not attending the signing of the law and her subsequent agreement with Solidarity. We trust that we will be proven wrong in this regard, but it is incisive that Solidarity has indicated that it will be considering its legal options as it is presumably also not persuaded that there will be sufficient safeguards in the regulations and the norms and standards.
The ACDP also objected to clauses relating to homeschooling, learner pregnancy, closing of rural schools, criminalising parents and what we believe to be a ministerial overreach of parental rights. We have always defended the rights of homeschoolers and believes that their concerns have also not been adequately addressed.
We galvanised public opinion against the Bill in the Sixth Parliament, as expressed both in the thousands of written public submissions and during the many public hearings, which included parents, religious leaders, civil society, community leaders, homeschoolers and school governing bodies. Despite our objections and the overwhelming rejection of the Bill by the public during public hearings, the Bill was pushed through Parliament, was signed into law by the President Ramaphosa and is now to be implemented by him once it is published in the government gazette.
President Ramaphosa has now instructed Minister Gwarube “to ensure that the time frame of implementation particularly with regard to then preparedness of the system for universal Grade R access – and the consequential regulations setting out the norms and standards are prepared.”
The ACDP questions how this will be possible as National Treasury previously indicated that the estimated R16 billion needed to fund the expansion of Grade R at more than 7800 schools was an “unfunded mandate” with funds not available for this purpose. Additional funding for this purpose has not been made available in the Medium-Term Budget Policy Statement. Instead, we see education spending reduced resulting in an education crisis developing with class sizes ballooning and reduced teaching posts in certain provinces, such as in the Western Cape which has indicated it will have to abolish 2407 posts.
The ACDP is disappointed that President Ramaphosa did not refer the BELA Act back to the National Assembly to consider its constitutionality in terms of section 79 of the Constitution, and that political party leaders in the GNU did not insist on this referral. Stakeholders, such as Solidarity, have now indicated that once the BELA Act has been gazetted, they will contest their legal options. This could have been avoided had the Act been referred back to the Seventh Parliament for further consideration.
The ACDP will now be considering its options and will also be closely monitoring the process of approving the required regulations, norms and standards, which must also be subjected to public participation processes.
