The protests against the newly introduced Basic Education Laws Amendment (Bela) Bill have continued to flare up as the government pushes through with implementing it.
Organisations and formations against the bill, signed into law by President Cyril Ramaphosa in September, claim it would limit mother-tongue education and take away decision-making from school governing bodies.
The government, led by the Department of Basic Education on the other hand, say it is meant to amend certain sections of the South African Schools Act (SASA), focusing on administrative and management processes at the school level.
When parliament agreed that it was to be implemented, legislators said: “Key provisions include making Grade R compulsory, revising admission and language policies, addressing school disruptions, regulating homeschooling, and strengthening governance accountability.”
But, among those opposing it are the DA, Freedom Front Plus, Patriotic Alliance, Solidarity, AfriForum and others, who say aspects of it do not seek to promote and support the education of the country’s children.
During a protest against the bill in Pretoria last week, DA leader John Steenhuisen said his party had always been against clauses 4 and 5 of the bill. He addressed marchers and said: “We can't allow authority to be handed over to an official in a provincial office, far from the needs and wants of community members.”
Protection of mother-tongue education remained critical, he said, adding that if implemented in its current form, the bill stripped governing bodies of the authority they had to make decisions that reflected the needs of parents and the local communities.
“Imagine trying to learn math or science in a language that is not your home language or that you don’t understand. We will never allow that," he said.
The Bela Bill has been in the making for more than ten years, involving wide and far-reaching public consultation processes, among them opposition and approval.
When President Cyril Ramaphosa signed it into law last month, he remitted the troublesome clauses (4 and 5) to Parliament for further consultation, for a period of three months.
In their opposition to the implementation of the bill, AfriForum said they were not just fighting against the bill; “it is a protest for cultural survival.”
CEO Kallie Kriel said last week: “This is the biggest protest from the Afrikaans community since 1994 because people are angry. The Bela Act is targeting Afrikaans schools, specifically and therefore our children.”
The protesting parties and organisations claim the clauses at the centre of controversy give too much control over who gets an education at any particular school and in what language to the state. This, they argue, is while the Constitution is clear that everybody has the right to receive education in the official language or languages of their choice.
Said Steenhuisen: “These rights are enshrined in the Constitution and can’t simply be given away at the stroke of a pen.”
Clause 4 of the bill gives the Department of Basic Education greater control over admissions policy, while Clause 5 compels the school governing body to submit the school's language policy to the provincial head of department for approval.
But, Gauteng Premier Panyaza Lesufi said, the remaining clauses had to be added urgently and immediately, as the government was not willing to allow interruptions of the proper education circumstances of learners.
“We stand firm. Betrayal is not an option. The Bela Act must be implemented now,” he said on X. “No retreat, no surrender. The doors of learning and culture shall be opened for all. Our children can’t be rejected in our schools, never! You can sing and dance; Bela Act will be implemented,” Lesufi wrote as the parties marched and protested last Tuesday.
Lesufi said all children would learn together at the same school to build a truly nonracial South Africa , regardless of race or language. ”What’s wrong with having our children learn together?” he asked.
Gauteng education MEC Matome Chiloane also voiced his support of the bill's implementation and said: “Their argument for ‘mother-tongue education’ conveniently ignores the systemic inequalities that have historically marginalised our black [pupils]. This is not just about language; it’s about ensuring that every child, regardless of background, has the right to an equitable education. We will not be deterred by their selfish agenda.”
As they welcomed the signing of the Bela Bill into law by Ramaphosa, the South African Democratic Teachers’ Union said they were unsettled by the deferral of the immediate implementation of Clauses 4 and 5.
“We believe these two clauses are crucial towards meeting the objectives of the Bela Bill to deal with administrative challenges that hinder the transformation agenda of our education system to be accessible to all,” SADTU said.
They said they were convinced it was proper for the department to have the final say on the schools’ admissions and language policies to ensure they aligned with the country’s constitution because “some school governing bodies have used their powers to formulate policies that exclude other learners”.