In the unfolding narrative of South Africa’s educational transformation, recent developments demand our most vigorous response. The Basic Education Laws Amendment (Bela) Act stands as a watershed moment in our nation’s journey toward educational equity – a journey that cannot be derailed by unilateral agreements that circumvent constitutional
processes.
President Cyril Ramaphosa’s decisive intervention has crystallised what is at stake. His unequivocal statement, distancing the Presidency from the minister of basic education’s bilateral agreement with the anti-progressive trade union, Solidarity, validates our steadfast opposition to any attempt to dilute Bela’s transformative power.
The president’s position is clear: the agreement between the minister and a single stakeholder holds neither legal weight nor practical significance in the broader implementation of this crucial legislation.
Let us be absolutely clear about the chronology of events. Bela was passed by Parliament on October 26, 2023 and received presidential assent on September 13, 2024. While the president granted a three-month consultation window, specifically for sections 4 and 5, the remainder of the Bela Act stands as law, demanding immediate implementation.
The minister’s November 28 announcement of a bilateral agreement with Solidarity represents an unprecedented and constitutionally questionable attempt to rewrite legislation through back-door negotiations.
This act is further proof of the desperation of the anti-transformation forces and the levels of unethical moves they are willing to go to subvert the will of the people – which the Bela Act represents.
The Gauteng Department of Education’s unequivocal rejection of this bilateral agreement now stands vindicated by the highest office in our land. As the president emphasises, the Bela Act is law. It cannot be subjected to piecemeal implementation based on agreements with select stakeholders who are hell-bent on resisting and derailing transformation.
The minister is bound by constitutional duty to implement this act, save for the temporarily suspended sections 4 and 5. In Gauteng, we witness daily how outdated policies perpetuate educational inequality. Our schools must reflect and serve our dynamic, diverse communities.
Any attempt to preserve exclusionary practices under the guise of “consultation” or “cultural preservation” fundamentally misunderstands our constitutional mandate and our moral obligation to future generations.
President Ramaphosa’s emphasis on being bound by the Constitution, rather than bilateral agreements, provides an ironclad framework for progress. His declaration that regulations will be finalised “without undue delay” sends a powerful message: transformation in education is not negotiable.
The path forward is now illuminated with crystal clarity. The Bela Act will be implemented as law. At this crucial moment of educational transformation, the role of progressive trade unions, particularly Cosatu affiliates, cannot be overstated.
These unions have consistently stood at the forefront of the struggle for educational equity and transformation, our progressive union movement understands that true educational transformation must serve the working class and poor communities who have historically been marginalised from quality education.
The South African Democratic Teachers Union has been instrumental in advocating for the transformative elements of the Bela Act, recognising that educational reform is intrinsically linked to workers’ rights and social justice.
As we move forward with Bela’s implementation, the progressive union movement’s role in monitoring, supporting, and defending these crucial reforms will be more important than ever. Together, we stand united in our mission to create an education system that truly embodies the principles of our democratic revolution.
The time for incremental change has passed. The era of transformation is upon us, and we shall not be deterred from this sacred mission to deliver quality education to every child in every corner of our province.
- Matome Chiloane is the Gauteng MEC for Education, Sports, Arts, Culture and Recreation
