The South African Democratic Teachers' Union (Sadtu) has welcomed President Cyril Ramaphosa’s signing of the Basic Education Laws Amendment (BELA) Bill into law, but expressed concern over his decision to allow three months for consultation over contentious clauses.

According to Sadtu, Clause 4 of the BELA Bill grants the Department of Basic Education greater control over admissions policies, while Clause 5 requires school governing bodies to submit language policies for approval by the provincial head of department.

Sadtu said these clauses are essential for addressing administrative barriers that hinder the transformation of the education system.

The union believes that it is necessary for the department to have the final say on admissions and language policies to ensure compliance with the constitution, as some school governing bodies have historically used their powers to exclude learners.

Sadtu’s general secretary Mugwena Maluleke emphasised the union’s frustration with the three-month deferral by Ramaphosa, saying it undermines the extensive consultation process that has taken place over the past decade.

“The three months extension granted for further consultation on these two clauses undermine the wide-ranging legitimate processes conducted over so many years,” Maluleke said.

He also stressed that the BELA Bill reflects the collective will to transform the education system from its apartheid-era structure into one that aligns with democratic values.

The union also raised concerns about the absence of Basic Education Minister Siviwe Gwarube at the bill's signing ceremony.

Maluleke criticised her absence, accusing the Democratic Alliance (DA) of influencing her decision.

“Her absence is unacceptable. It vindicates our fears that the DA will run a separate Parliament and a separate cabinet.

“This is just the beginning, where the minister will be instructed by Helen Zille not to be part of the signing because Zille is another super president of our country,’’ said Maluleke.

Sadtu called on Gwarube to clarify her position and urged her to make a choice between taking orders from Zille or Ramaphosa.

“The ball is in the minister’s court. She must decide and make the president’s work easier by resigning, as she seems to be operating with two bosses: Helen Zille and President Cyril Ramaphosa,” Maluleke said.

The union emphasised its commitment to monitoring the upcoming consultation process closely, ensuring that it does not reverse the progress made over 30 years of democracy, particularly by preserving privileges that benefited the minority while excluding the majority of South Africans.

Meanwhile, former University of Cape Town (UCT) vice-chancellor, Mamokgethi Phakeng, stated that Gwarube had to put the law into effect, despite differing political opinions on it.

“Gwarube's absence at the signing ceremony of the Bela Bill does not change the fact that she will have to defend the act in court should someone contest this act. Whether she is there or not does not change the fact that she’ll be responsible for implementing and defending the act in court.

“Note, she of course said she's committed to implementing it if it is signed into law, but here's the thing minister Gwarube: your job is not only to implement. It is also to defend this law. Come to peace with this matter and understand your role better,” Phakeng said.

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