S.Africa: NEW SCHOOLING LAW: Ramaphosa delays full implementation of BELA Bill to allow for consultations on two clauses
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President Cyril Ramaphosa has postponed the full implementation of the BELA Bill to allow for further engagements on two clauses over three months.
Speaking at the signing of the bill at the Union Buildings, Ramaphosa said he had agreed to pause the implementation of two clauses which deal with school admissions and language.
"I am willing to allow those who believe a solution will be found to the two clauses that they believe they have solutions for, to give them the opportunity and delay the implementation of clauses 4 and 5 for a period of three months. The rest of the act is implemented immediately. This will give the parties time to deliberate," he said.
Ramaphosa added:
In the spirit of cooperation and meaningful engagement, I cannot say no to the engagement, even at this late hour. I have to say, if you do believe these challenges can be resolved, I am going to sign the bill to give a clear message to the people of SA that we are proceeding with transformation of the education system. But as president, I am prepared to open a window for discussion for a limited period.
However, Ramaphosa added that if no solution was found within three months, the bill would be implemented fully.
The DA has been opposed to some clauses in the bill, including the two that Ramaphosa has put brakes on.
Ramaphosa made the announcement to applause and ululation at the Union Buildings.
The president’s spokesperson, Vincent Magwenya, joked that ever since he had found his pen in May, Ramaphosa had signed 21 bills into law and that the BELA Bill would be 22nd.
"We have seen cases of children being denied access because of language, and we have also seen children not being allowed at school when their parents can’t pay school fees. The passage of this bill follows an extensive consultation process," Ramaphosa said.
"Consultation and debate are the defining features of our democracy. If we decide to pass any laws without consultation, the final arbiter often sends those bills back. Consultation is important because it adds many views on whatever law we seek to pass."
Ramaphosa added that he could not backtrack on signing the bill as he had made a commitment to South Africans.
He said:
Signing of this bill marks an important step towards resolving long-standing challenges in our education system. It was President Nelson Mandela who said that it is not beyond our power to create a world in which all children have access to a good education. This law is part of our ongoing effort to create such a world.
"Since the advent of democracy, we have made notable progress in expanding access to education for children of our country."
Ramaphosa added that education outcomes had fallen short of what society needed and what the young people of the country deserved.
"We have seen cases of learners being denied admission to schools because of their language policies. We have had cases of children not being allowed back to school or to sit exams because their parents cannot pay this school," the president said.
"We’ve also seen great disparities in norms and standards in governance and in access to resources that should enable our education to operate at the optimal level, the Basic education Laws Amendment bill seeks to address these and many other challenges."
He added that the bill was part of the state’s ongoing efforts to build a more effective and equitable education system.
Deputy Basic Education Minister Regina Mhaule presented the bill to Ramaphosa and said it had survived three administrations.
"It has a long roots indeed. So the Basic Education Law Amendment Act amends certain sections of the South African Schools Act of 1996 to respond to administrative challenges facing our schools and to continue with the transformation transformation agenda of our education system."
She added:
It is not a wholesale a bill that covers all aspects of the sector. It focuses mainly on the administrative processes of the department and schools. The act responds to the current needs in terms of the changing demographics of our communities and findings by the country’s courts.
Mhaule said the bill would introduce Grade R as a formal grade.
"But currently as we speak, Grade R is in the schools already, but it is not enforced by any law in the country. So this bill seeks to enforce that Grade R be compulsory. The Constitution makes Grade 1 to Grade 9 to be compulsory and Grade R is outside, but now all the schools in the country are doing that."
She said it was the department’s responsibility to align legislation that governed the delivery of education services with the Constitution of the country.
"Whether it is public, independent or home schooling, the right to equitable education must be protected at all costs. Transformation has never been easy, but difficult as it is, it must be done to ensure a better future for all our children in the country," Mhaule said.
Basic Education Minister Siviwe Gwarube did not attend the signing, citing disagreements with part of the bill as a reason.
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