President Cyril Ramaphosa. (Photo by Nic BOTHMA/POOL/AFP)
President Cyril Ramaphosa has said that the recent agreement between Basic Education Minister Siviwe Gwalbe and the Solidarity Union in the Presidency on two controversial provisions of the Fundamental Laws of Education Amendment (Bera) Act will not change the scope of the provisions of the Act. He clarified that this does not diminish his constitutional authority to decide whether the law will be enforced. force.
Sections 4 and 5 of the Act govern language and admission policies in public schools. The agreement ensures that the December 13 deadline will be extended for a further three months to allow for further consideration of the two articles.
The clause was criticized by opposition parties and advocacy groups such as the Democratic Alliance (DA) and Solidarity, who said it could undermine the autonomy of school governing bodies.
Article 4 gives the Ministry of Education greater powers over school admissions, requiring schools to admit and teach children even if they do not have the correct documents.
Section 5 requires school governing bodies to submit language policies and changes to the state director for approval.
To address concerns, President Ramaphosa delayed the implementation of the clause for three months to allow time for wider consultation.
On Sunday, President Ramaphosa's spokesperson Vincent Mugwenya reiterated the President's commitment to the process, which began after the signing of the Vera Act on 13 September 2024.
“This agreement does not affect the power of the President to take the final decision on the commencement of the Act. President Ramaphosa confirmed that when he signed the Bill on 13 September 2024, he We reiterate our commitment to giving political parties three months to submit their proposals on this section. The President therefore awaits the outcome of these deliberations.”
Mr Mugwenya stressed that the Vella Act is now law and “the Minister of Basic Education must work towards its implementation, with the exception of Articles 4 and 5.”
“The next step is for the President to determine a start date and finalize any necessary regulations. This will be done without undue delay. We remain resolute in ensuring that the education sector undergoes transformation for the benefit of learners.”
This came after a framework agreement was reached on Wednesday between Solidarity, the Presidency and the Ministry of Education that the controversial provisions of the Vera Law will not come into force on 13 December.
Vera's Law, passed by Congress on October 26 last year, aims to amend existing education laws to promote inclusivity and equity in schools.
However, the two clauses have polarized stakeholders, with Solidarity expressing concerns about the centralization of decision-making and the potential marginalization of Afrikaans-speaking schools.
Supporters of this provision argue that it is essential to address historical inequalities in South Africa's education system.
This issue exposed the fault lines in the Government of National Unity (GNU).
On Friday, Vice President Paul Mashatile announced plans to ask President Ramaphosa to delay the implementation of controversial provisions of the Bera Act, accusing Mr Gwalbe of acting in bad faith.
He added that the education minister had involved “only one of the GNU parties” and “government officials” in discussions facilitated by the National Economic Development and Labor Council (Nedrak).
Mashatil called on the parties to cooperate through a dispute resolution committee established to deal with disputes arising within the unity government.
The ANC followed up Mr Mashatil's statement with its own statement, accusing the DA of trying to circumvent processes meant to maintain “apartheid-era standards” in education.
The public prosecutor's office rejected Mr. Mashatil's claim, saying it undermined Mr. Gwalbe's role as a minister. An anonymous senior prosecutor expressed dissatisfaction, pointing out that Gwalbe had been instructed to act as a government representative rather than as a prosecutor.
In a statement, Mr Gwalbe vowed to impress upon Mr Ramaphosa that every child has a constitutional right to education in their mother tongue wherever possible.
“The parties reached an understanding on how concerns related to Sections 4 and 5 of the Vera Act can be addressed,” she said. “This confirms my long-held view that dialogue is the best means of conflict resolution.”
Dirk Herman, head of Solidarity, said in a statement that the presidential delegation is fully empowered and operates with transparency. He denied claims of partisanship, saying: “The minister is not the DA and the presidency is not the ANC.”
“This agreement does not override the GNU process. They must reach their own conclusions. GNU processes also cannot override the Nedlac process,” he said.
The three-month extension to the consultation period provides temporary respite while parties prepare their submissions. The results will shape language and admissions policies in public schools.
Supporters of the agreement to extend the consultation period see it as a balanced solution, but critics within the ANC see the delay as a setback for innovative education reform. .
For Ramaphosa, Vella's Law is an important challenge in balancing the goals of inclusivity and equity with maintaining community ownership in shaping school policy.
The president's final decisions on Articles 4 and 5 will set a precedent for how the government will proceed with politically sensitive reforms.
