The SA Democratic Teachers Union (Sadtu) believes political expediency informed President Cyril Ramaphosa’s decision when he deferred the enactment of two polarizing clauses of the Basic Education Laws Amendment Act (Bela).
Cape Times reported earlier on Friday that the union, an affiliate of the ANC, has informed Ramaphosa in a letter that it will not hesitate to legally challenge his decision if he does give the green light for the implementation of the two sections. The union has also threatened strike action.
In an interview with broadcaster Newzroom Afrika, Sadtu spokesperson Nomusa Cembi clarified that the union believes the two clauses are “correct” and constitutional.
“We believe that it had to do with political expediency because the delay in these two clauses, we believe that those clauses are correct, they are constitutional, and they abide by the law. All processes were done, they were put in place to ensure that the Bill was passed into law. It was passed by a majority,” said Cembi.
“Everything was done accordingly and every stakeholder was given a chance to make their views known regarding the Bela Bill. At the end of the day, the majority in Parliament passed this for the president to sign.
“It cannot be that at the end of it now, the process goes back. It is the DA (Democratic Alliance) that was not happy with the Act. We believe this (Ramaphosa delaying the clauses) was to please the DA because it is the DA who were opposed. The majority in Parliament ruled for the Bela Bill to be passed into law,” she said.
Cape Times reported on Friday that Ramaphosa is under increasing pressure ahead of the deadline for submissions on the sections Bela Act, on Friday. The country’s largest teacher union wants sections 4 and 5 of the Bela Act to be implemented by or no later than December 13.
The two sections relate to the provincial departments being responsible for admitting pupils into a public school, taking away the responsibility of school governing bodies (SGB).
The other relates to the power of determining a school’s language policy moving from the SGB to the provincial departments.
On Tuesday, IOL reported that as the deadline approaches for the implementation of the divisive sections of the Bela Act, the Democratic Alliance has warned the African National Congress that removing Basic Education Minister Siviwe Gwarube from the national department is not an option.
“Two things – on the firing of Minister Gwarube, they must try. The basic education ministry is a Democratic Alliance ministry. Nobody gets to tell the Democratic Alliance who gets to occupy that seat,” said DA spokesperson Karabo Khakhau.
“The DA has decided that we have 100% in Minister Gwarube to stay in that position. She hasn’t broken any law, she hasn’t done anything that makes us question her integrity and her capacity to lead that ministry. So, that won’t change. They must try."
The Bela Act was passed by Parliament in October 2023, and it was assented to by Ramaphosa at Union Buildings on September 13, 2024.
However, the implementation of sections 4 and 5 were delayed by Ramaphosa, for three months, to allow for multi-party discussions and proposals on resolving disputes raised on the specific sections.
IOL