President Cyril Ramaphosa threw a spanner in the works at the signing of the Basic Education Laws Amendment Bill into law by opening up two clauses which deal with admissions and the language policy for further consultations.
Ramaphosa signed the bill into law with immediate implementation, except for Clauses 4 and 5, which he said will be open to consultation for a period of three months.
Clause 4 includes 4(b), which allows for pupils to be admitted to a school without documentation such as birth certificates. Clause 5 deals with issues of the language policy of schools.
Other unresolved issues
“In the last days, hours and minutes, parties to the national government of unity (GNU) as well as parties outside the GNU have expressed their wishes to further engage each other on some of the sections of the Bill. [These] deal with the issues particularly of access, admission and language.
Ramaphosa said up until a few hours ago, those parties have requested him to not sign the Bill to allow for further consultation.
“They said, ‘president, we have a solution to address these two issues. They have said that all we require is just a moment for further consultation,” said Ramaphosa.
“They have said ‘we beg you not to sign the Bill’. I have said ‘no’ I have committed to the people of South African. And… I’m signing the Bill today and that is what I’m doing,” said Ramaphosa.
GNU parties needed further consultation
Ramaphosa said as president, he then said he was prepared to open a window for consultation. This for a limited period on the two clauses.
“I, therefore, decided having signed the Bill. The Bill must now proceed to be implemented and I’m glad that minister of basic education has clearly said that once signed, this becomes the law of the republic. And the department will go ahead and implement it.
“Implementation on signing should start immediately. However, as president I have said I’m willing to allow those who believe that a solution would be found to the two clauses … I have decided to delay the implementation for Clause 4 and 5 of the Bill by a period of three months,” he said.
“This will give the parties time to deliberate these issues and give proposals. This regarding how these issues can be accommodated. Should the parties not be able to agree on an approach, then we will proceed with the full implementation of all the parts of the Bill,” he said.
Education minister opposed to bill
Basic Education Minister Siviwe Gwarube did not attend the signing of the bill because she was opposed to it.
Ramaphosa said his decision to sign the bill partially into law was drawing on the tradition of engagement. This goes back many years, including the drafting of the Constitution.
“At the time of drafting of the new Constitution we had to resolve … differences. These had occurred over issues such has the right to strike, language, education and land. Education revolves around language as well. And in doing so we were able to give each other time to finalise,” he said.
