Tensions simmer over Bela Act as Gwarube accused of going behind GNU’s back

It appears that the government of national unity (GNU) continues to be divided over the Basic Education Laws Amendment (Bela) Act ahead of an eagerly awaited deadline related to two controversial clauses in the new education bill.

President Cyril Ramaphosa signed the Bela Act into law in September, but he suspended the implementation of clause 4 and 5 for a three-month period, pending consultation with civil society organisations and political parties opposing the two clauses.

Clause 4 of the Bela Act gives the Department of Basic Education (DBE) more authority over the admission policy and clause 5 requires school governing bodies (SGBs) to submit the school’s language policy to the provincial head of department (HOD) for approval.

Bela Act deadline postponed?

However, civil society organisations Solidarity and AfriForum recently announced that they had reached a settlement with the government to delay the implementation of the clauses.

The three-month deadline set by Ramaphosa was expected to be on 13 December.

However, a statement released by the Solidarity claimed the dispute over the Bela Act was resolved during negotiations at the National Economic Development and Labour Council (Nedlac), which included Basic Education Minister Siviwe Gwarube and the Presidency.

“In terms of the settlement, the controversial sections in the Bela Act will no longer be implemented on 13 December,” the group’s statement read.

The organisation emphasised that the agreement did not affect GNU processes related to the Bela Act.

ALSO READ: Bela Act engagements cannot undermine transformation – Ramaphosa

Bela Act ‘a product of Parliament’

Deputy President Paul Mashatile was left unhappy over the agreement, raising concern about the “unauthorised” discussions regarding the Bela Act, prompting him to take a swipe at Gwarube for being “complicit in this meeting”.

In a statement, the deputy president’s office described the Nedlac engagements as a parallel negotiation process outside the GNU clearing house mechanism, which has been handling disputes raised by political parties part of the coalition.

“The office of the deputy president has learned of an agreement on the Bela Act, from informal channels and has since written a letter to all members of the GNU clarifying that the process that is referred to in the statement supposedly released by Solidarity is based on a process outside the sanctioned process of the clearing house of the parties that signed the statement of intent,” the Presidency’s statement read.

Additionally, the Presidency emphasised that the Bela Act, similar to any other legislation, was “fundamentally a product of Parliament and the president”.

The office assured representatives of political parties in the GNU clearing house mechanism that the situation would be managed collectively.

It further said representatives would be officially informed about an upcoming meeting, where recommendations from a sub-committee would be tabled.

“The GNU and its representative parties are still engaged in a process that will be finalised soon.”

ALSO READ: Bela march: Analyst and Nelson Mandela Foundation shocked at AfriForum’s ‘unfortunate’ colour choice

Gwarube clarifies Bela Act ‘agreement’

Defending Gwarube’s role in the Nedlac negotiations, her spokesperson Lukhanyo Vangqa revealed that Solidarity lodged a formal complaint with Nedlac on 1 October.

Vangqa said the organisation sought permission to hold a lawful demonstration, voicing objections to clauses 4 and 5 of the Bela Act.

According to him, a dispute settlement had been reached following weeks of Nedlac engagements between delegations representing Solidarity, Gwarube and the Presidency.

“It is essential to note the process instituted by Solidarity at Nedlac is a legal process designed to resolve disputes between labour and government and should not be confused as a substitution for the consultations that are currently underway between the parties within the GNU,” he told News24.

Vangqa’s sentiments were echoed by Solidarity.

“This settlement does not affect the process of the GNU or any other processes regarding Bela. The Solidarity Movement will, however, present the outcome of the settlement to the GNU.”

ALSO READ: GNU parties to discuss Bela Bill at ‘Clearing House’ meeting

Gauteng Education reacts

Meanwhile, EWN reported that Gauteng Education MEC Matome Chiloane has criticised Gwarube for her involvement in the agreement.

According to Steve Mabona, the Gauteng education department’s spokesperson, Chiloane was worried by Gwarube’s actions.

“MEC Chiloane is deeply concerned that this agreement effectively ‘ring-fences’ certain public schools for the exclusive use of specific societal groups.

“The agreement also suggests that HODs must seek permission from, or consult SGBs to change a school’s language policy or to administer learner admissions,” said Mabona.

Political parties criticise Gwarube

Furthermore, the agreement about the Bela bill’s postponement was not received well by several political parties.

Mashatile’s party, ANC, welcomed the clarification by the deputy president.

The party accused the Democratic Alliance (DA) of attempting to go behind the GNU’s regulations in the form of bypassing “established processes in a desperate effort to perpetuate apartheid-era standards in our education system”.

“Such actions are a direct affront to the principles of transformation and equity that underpin our democracy,” said the ANC.

The GOOD party was also unimpressed by the agreement, stating that it should be taken with “a pinch of salt”

”While Gwarube hailed her pact with Solidarity as demonstrating the power of cool heads, she appears to have overlooked the fact that it is the DA’s coalition partners in the government of national unity she must convince on proposed changes to the law – not Afrikaner nationalist organisations outside of government,” said GOOD member Brett Herron.

The South African Democratic Teachers’ Union (Sadtu) slammed Gwarube’s involvement at the Nedlac talks.

“The minister has once again proven herself to be a useful tool for anti-transformation and a suitcase carrier of the racists in this country.

“She has never consulted the biggest union in education ever since her appointment but preferred to sign with a non-representative group of white unions to reverse transformation.”

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