The Congress of South African Trade Unions (Cosatu) has slammed the government for reaching an agreement with predominantly Afrikaner trade union Solidarity and Afrikaner rights organisation AfriForum.
The trade union federation said this after the Solidarity Movement and Minister of Basic Education Siviwe Gwarube said the ongoing dispute regarding Sections 4 and 5 of the Basic Education Laws Amendment (BELA) Act has been settled.
“[Cosatu] is extremely dismayed and aggrieved by the apparent agreement by government and AfriForum and Solidarity to water down and delay the implementation of the Basic Education Laws Amendment (BELA) Act’s Sections 4 and 5.
Naked affront to democracy and the rule of law
“The failure of government to consult other stakeholders, in particular parents, learners, teachers, labour and community as well as parliament itself, is a naked affront to democracy and the rule of law.
“It is a shameful kowtowing that fails to address the legitimate cries. As learners cry to not to be excluded from schools based upon their language or other discriminatory means.
Gwarube said they had successful negotiations mediated through the National Economic Development and Labour Council (Nedlac).
She said a settlement was officially reached on November 27. And this marks the end of weeks of consultations and bilateral discussions.
Solidarity initiated a formal dispute process through Nedlac on October 1. It sought authorisation to stage a protected protest in opposition of the two excluded sections. The sections focus on school admissions, language policies, and the authority of provincial education departments.
Basic Education minister and the Presidency were cited as the respondents in the matter.
“In terms of the bilateral settlement agreement, I will make recommendations to President Ramaphosa. This on the commencement arrangements for the BELA Act. [I do this] as part and parcel of my constitutional mandate to be a true and faithful co-counsellor.
“Recommending that sections 4(d), 4(f) and 5(c) of the BELA Act be commenced once certain national policies, national norms and standards and national regulations have been made to support the implementation of these sections,” said Gwarube.
Bilateral settlement agreement
She explained a key component of the settlement. That is the bilateral settlement agreement, which was signed on Monday.
This agreement outlines a mutual understanding on issues. On how the issues surrounding Sections 4 and 5 of the BELA Act will be addressed moving forward, she said.
Gwarube will make recommendations to the President on the commencement of these provisions. Particularly sections 4(d), 4(f) and 5(c).
The department reported that the recommendations will include a specific condition. That national policies, norms, standards, and regulations be developed. This in order to support the implementation of these sections.
The national policies to be developed will aim to provide greater legal clarity regarding key decision-making processes. These include the decision by a provincial education department to override a school governing body’s (SGB) admission policy. The decision to introduce an additional language of instruction at public schools. And the authority to require a SGB to review its admission or language policies.
Gwarube insisted that these developments are in line with the constitutional obligations. Obligations to protect the best interests of learners and ensure that the right to basic education is upheld.
“This process reflects the commitment to finding practical and fair solutions. Ones that serve the best interests of learners,” said Gwarube.
In addition to the bilateral agreement, a multilateral settlement agreement was signed on November 27.
Nedlac confirmed that matter has been resolved
This agreement formalises the process by which Gwarube will present her recommendations. She will present these to Ramaphosa.
The Solidarity Movement, a formation of trade union Solidarity and AfriForum, released a statement. They said Nedlac has confirmed that the matter has been resolved.
This meant that schools that are running at full capacity will not be instructed to change their language of instruction. Or to alter their admission policies based on the Act and decide on its commencement.
All this while the minister is tasked with overseeing its implementation. Ensuring that appropriate regulations and national policies are in place to support its goals.
They believe that the settlement also lays the groundwork for other issues. Such as for further discussions on mother-tongue education beyond Afrikaans. This reflects a broader consensus on the importance of preserving linguistic diversity in South Africa’s education system.
Kallie Kriel, AfriForum CEO, said the BELA struggle has been most important for AfriForum since its establishment.
“BELA’s …provisions on the language policy posed a serious threat to the survival of Afrikaans cultural communities. That is if implemented. It is not only Afrikaans schools and children who would be targeted by its implementation. But also the pursuit of mother-tongue education for all cultural communities.
AfriForum expresses relief
“We have already had several discussions with traditional leaders. And it is clear that they share the aspiration that children receive mother-tongue education in their respective communities. We can only thank everyone who supported the campaign against BELA. The public’s overwhelming support. And the fact that thousands of people participated in the march against BELA were the deciding factor,” said Kriel.
Nedlac has confirmed that the Solidarity, Department of Basic Education and the Presidency have reached an agreement. This over sections 4 and 5 of the Basic Education Laws Amendment (BELA) Act.
President Cyril Ramaphosa signed the Bill into law on September 13. But two sections were removed amid contestations.
Lisa Seftel, executive director of Nedlac, said that Solidarity had filed an application with Nedlac. It was declaring a socio-economic dispute with the Presidency and the Department of Basic Education. This under Section 77 of the Labour Relations Act (LRA).
She explained that Solidarity was seeking a certificate to hold a protected socio-economic protest. Which, according to Section 77 of the LRA, can be issued if the Nedlac Standing Committee is unable to resolve the dispute.
Nedlac Standing Committee
“The Nedlac Standing Committee convened the parties to the dispute. And after a couple of meetings, the parties were able to resolve the dispute between them. Nedlac’s Standing Committee then heard from the parties yesterday that they had reached an agreement.
“The application was thus considered addressed by the Standing Committee. And there was no longer a need to issue a certificate for a socio-economic protest,” said Seftel.
