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An empty classroom
The South African Democratic Teachers’ Union (Sadtu) is demanding that President Cyril Ramaphosa put sections 4 and 5 of the BELA Act into operation before Friday, failing which they will take legal action and embark on a strike.
The BELA Act was signed into law by the President on 13 September 2024.
However, he suspended the implementation of the two disputed clauses for three months pending consultation with civil society groups and political parties opposing the two clauses.
Clause 4 of the Act 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.
Sadtu spokesperson Nomusa Cembi says, “The BELA Act has not been challenged in any court of law for its constitutionality nor declared unconstitutional by any court of law. There was no lawful, rational, or constitutionally valid reason for not putting the two sections into operation.”
“Sadtu believes the decision to postpone the implementation of these sections was purely for political expediency based solely on the objections of Basic Education Minister [Siviwe Gwarube] and her political party, the Democratic Alliance,” she adds.
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