Nedlac agreement on BELA Act is binding: Solidarity


2 minutes

Solidarity says the National Economic Development and Labour Council (Nedlac) agreement on the Basic Education Laws Amendment (BELA) Act is binding.

Today marks the final deadline for parties to iron out their differences over clauses four and five of the BELA Act as set by President Cyril Ramaphosa.

Despite a settlement between the trade union and Basic Education Minister Siviwe Gwarube, the Presidency has expressed doubts about the agreement’s legitimacy.

Solidarity’s Operational Head Werner Human says there was a formal process at Nedlac and there were two agreements.

Human says, “The one agreement was a bilateral agreement with the Minister of Basic Education. In that agreement we did two main things, we split the different powers between the President and the Minister of Basic Education as is established in law and then we went further and got into detail about how sections four and five can be addressed and how we can expand our efforts to also strengthen and advance mother tongue education. The second agreement was with the Presidency and that is a binding agreement. It is also an agreement that was quite a topic of discussion this past two weeks.”

He says the Presidency secured a proper mandate for this agreement.

“I can also namely read an excerpt about government’s response in relation to the agreement with the Presidency and I will take a moment to read that paragraph, it states the following: ‘Accordingly the President has delegated and confirmed his mandate to the government delegation to number 1, discuss sections four and five of the BELA Act at this Nedlac engagement and number 2,  make undertakings to have certain issues emanating from the discussion at this Nedlac engagement to be taken into consideration by the President when he takes a decision on the proclamation of the BELA Act.’ We believe that the framework of these agreements and the content which we  ultimately produced provides him with a good understanding and also good recommendation on the side of the minister to make a decision today.”

PODCAST: Interview with Human on SA fm’s First Take Programme on the BELA Act: