President Cyril Ramaphosa said although he acknowledges the settlement agreement between the Minister of Basic Education Siviwe Gwarube and the Solidarity union on the Basic Education Laws Amendment Act (BELA), it bears no influence on the president’s powers to take a decision regarding the commencement of the Act.Ramaphosa’s comments comes after Gwarube announced recently that she had agreed with Solidarity concerning her powers and the implementation of suspended two clauses in the BELA Act.The contentious clauses 4 and 5 were delayed by three months for further consultations, when Ramaphosa assented to the Bill on 13 September 2024. 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. “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,” said Ramaphosa spokesperson, Vincent Magwenya. President Ramaphosa reiterated 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. Ramaphosa said he’s still waiting for the outcome of the deliberations. Despite the delays on the two clauses, Ramaphosa emphasized that the BELA Act is now law after it was 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,” explained Magwenya.
