By Simon Nare
Basic Education Minister Siviwe Gwarube has committed to implementing the Basic Education Law Amendment Act and in accordance with her oath of office.
She also stressed the importance of drafting regulations to provide legal clarity, noting that these are critical for the Act’s proper implementation and must be finalized as soon as possible.
Gwarube was briefing the media on Saturday in Cape Town about her department’s implementation of the Bela Act.
“I want to make it abundantly clear that this Act will be implemented and its implementation will be led by me. This implementation will be done in a manner that protects the rights of all our children and all our schools from victimisation in any form, and at all times,” said Gwarube.
“Pursuant to this, I have instructed my team to immediately develop guidelines that will be sent to all public schools and provincial education departments by the end of January 2025.”
Gwarube’s commitment follows a warning from ANC Secretary-General Fikile Mbalula, who cautioned that there would be consequences if she failed to implement the Act.
She said the government was ready to receive any legal challenges as reports emerged that there are some organisations that were planning to take the Act on review.
“And I think it is important to say that if this matter is taken to court perhaps instead of it being the subject of political contestation, perhaps the court is not the bad place for the determination of whether or not this law, this act meets legal muster,” she said.
She added that she does not discourage oragnisations to exercise their right to access the court, but the government was ready to defend the Act in court.
Gwarube emphasized that because these regulations have to be done through public participation, the process normally takes time. She promised that she has already instructed the department to move with speed in this regard.
“I want us to draw the line now on this matter and implement the Act that is supported by guidelines and regulations and that is why this is a multi-pronged approach,” she said.
The minister said she had instructed the guidelines to be sent to all public schools by end of January and be sent for public participation by end of June which would kick start the process public consultation.
“Much has been said about this piece of legislation at times it has regrettably been used as a political football. I now want to make it clear that the time for that now is over. I will not tolerate any weaponizing of this legislation for political means,” she said.
“The future of this country and our learners depends of us to do our work. The debate around the mother tongue is an important one. Mother tongue education has been proven to assist learners to achieve good learning outcomes. It is important then that the act is not used to undermine any language that is elected for learning.”
She said all 11 languages were protected by the Constitution and schools should not be used as a battle ground for narrow political interests.
“Schools should be places of safety and learning for learners,” she said.
Gwarube added the department would now be approaching Treasury with the view to ask for money to make sure the department was able to make Grade Rs compulsory.
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