Gwarube enters into bilateral agreement to present Solidariteit's BELA Bill recommendations to Ramaphosa
The two agreements have been reached through the National Economic Development and Labour Council (NEDLAC) after Solidariteit declared a dispute with the minister.
Basic Education Minister Siviwe Gwarube. Picture: @DBE_SA/X
CAPE TOWN - Basic Education Minister Siviwe Gwarube has entered into a bilateral agreement with trade union, Solidariteit, to present their recommendations on the Basic Education Laws Amendment (BELA) Bill to the president.
These recommendations relate specifically to the two contentious clauses of the bill which relate to admissions and language policies at individual schools.
Gwarube is under mounting pressure from several political parties to implement the rest of the act signed into law in September while negotiations on these clauses are underway.
The two agreements have been reached through the National Economic Development and Labour Council (NEDLAC) after Solidariteit declared a dispute with the minister.
In her agreement with Solidariteit, Gwarube has pledged to appeal to the president not to implement clauses 4 and 5 of the bill until regulations are put in place that will require the provincial head of department to take a number of factors into account before exercising authority over these sections.
These include the interests of the community in the immediate vicinity of the school, applicable feeder zones, plans for additional schools in the same area, and the capacity of the school.
Regulations are also to be drawn up related to deviating from a school's admissions policy.
Gwarube said that until regulations, norms and standards were drawn up, it's not possible to implement these clauses properly and a phased-in approach should be adopted.
President Cyril Ramaphosa signed the bill into law in September but suspended the two clauses in question to allow for further consultation. The Government of National Unity's clearing house mechanism is currently also seized with the matter.
In a second agreement, which includes the Presidency, his private office confirmed the 13 December deadline for the conclusion of consultations on the two suspended clauses did not mark the act’s implementation date.
The agreement also indicates further legislative amendments may be required to give effect to clauses four and five of the act.