The FF Plus’s Executive Management Committee has noted that on 20 December 2024, President Cyril Ramaphosa and the Minister of Basic Education, Ms Siviwe Gwarube, proclaimed the commencement of the so-called BELA Act in its entirety.
This proclamation is, however, in conflict with the recommendation by the Government of National Unity’s (GNU) dispute resolution mechanism and should be revoked.
In September 2024, when the President signed the law, the implementation of the controversial sections 4 and 5 that deal with language and admission policies was postponed by three months.
That time was to be used for consultation, and indeed it was. One example is the agreement that AfriForum and Solidarity reached with the Presidency in Nedlac, from which the President later distanced himself.
The GNU’s dispute resolution mechanism appointed a task team chaired by Deputy Minister Andries Nel to work out an agreement. The other members are: Dr Corné Mulder (FF Plus), Ms Helen Zille (DA), Mr Brett Herron (Good) and Mr Mdumiseni Ntuli (ANC).
The task team recommended that the law not be referred back to Parliament at this stage, but that it should also not be adopted as is.
According to the recommendation, certain parts of sections 4 and 5 are acceptable and could be implemented immediately. Other parts, specifically those dealing with language and admission, were to be put on ice for further consultation, dialogue and investigation.
Two options were put forward in this regard: In terms of the one, the President sets a deadline for when the law will come into full effect, and in terms of the other, he sets a timeframe for further discussion and dialogue and subsequently announces a deadline for implementation.
The FF Plus advocated for the latter option in the leadership meeting with the President.
In his engagement with GNU party leaders, the President put forward another option (the so-called Option 1). In terms of this option, the law is proclaimed in its entirety with matters running their course, which means that the Minister determines the norms, standards and regulations for the enforcement of the Act after its proclamation.
The FF Plus did not support Option 1 during the meeting with the President.
In his explanation, he did not refer to sections of the BELA Act, like elsewhere, but to the South African Schools Act of 1996.
At first glance, it seems like the immediate implementation of only certain parts of the Act, which were put on ice in September, but were later deemed acceptable, just like the task team had recommended. On closer inspection, though, it is quite different and seems to apply to the entire law.
So, the President and Minister Gwarube, in fact, proclaimed the entire BELA Act on 20 December without any restrictions nor qualification. This was not recommended by any of the institutions tasked with drafting an agreement.
The FF Plus’s Executive Management Committee’s stance is that the President ought to revoke this proclamation. The President cannot table an option as a supposed outcome of the mechanism to party leaders if it is not in line with any of the recommendations.
Mother-tongue education, as well as the right to single-medium schools for which section 29(2) of the Constitution provides, is crucially important for the FF Plus to ensure the future of Afrikaans as medium of instruction.
The FF Plus plans to approach Solidarity and AfriForum as soon as possible to discuss the steps that could be taken to secure the language’s future.
The FF Plus also intends to request a meeting with the Minister of Basic Education to provide input relating to the establishment of norms, standards and policies for the relevant regulations that now need to be drafted.
The FF Plus, furthermore, reserves the right to challenge this proclamation in any possible way that may lead to success.
(Vind hierby aangeheg die dokument “Afrikaanse onderwys – VF Plus se standpunt” vir ʼn volledige uiteensetting van die VF Plus se standpunt)
