As tributes continue to pour in for former Minister Pravin Gordhan, President Cyril Ramaphosa on Friday remembered him as a principled and courageous freedom fighter, and said that the signing of the Basic Education Laws Amendment (BELA) Bill would affirm Gordhan’s vision of a just and equal society, to which he dedicated his life.

Despite strong contestation against the Bill, Ramaphosa signed it into law at the Union Buildings, saying it was an important step in resolving challenges in the country’s 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 the children of our country. However, barriers to access still remain. In many respects, education outcomes fall short of what our society needs and what the young people of our country deserve. Our Constitution enshrines the right of all to a basic education,” Ramaphosa said.

The Democratic Alliance (DA), AfriForum, and the FW de Klerk Foundation have all hit back strongly against the Bill, now an Act, which they say will take away powers relating to language and admissions policies from school governing bodies (SGBs).

The DA warned of a “financial timebomb”, saying presentations made to the Western Cape Provincial Parliament by the Financial and Fiscal Commission, earlier this year, revealed that the BELA Bill would cost R17.7-billion to implement at an absolute minimum.

DA Western Cape spokesperson on education Leon van Wyk said the Bill stood to bankrupt the education sector, as the country could not afford to implement it.

FW de Klerk Foundation Constitutional Programmes manager Daniela Ellerbeckit said the organisation was concerned about the criminalisation of parents should they fail to enrol their child from Grade R (Section 3(6) of the Act).

“The Foundation is concerned that the BELA Act goes against grassroots democracy by centralising powers away from parents and schools’ local communities. It is also concerned that criminalising parents is the wrong solution, one which will disproportionately impact socio-economically vulnerable families,” she said.

However, after challenging the Bill, AfriForum said on Friday that it now “welcomed a tactical breakthrough” on the law.

It said it met with Ramaphosa on Thursday to dispute certain aspects of the law, such as the head of the provincial Department of Education having the final say on schools’ admission and language policies.

“A tactical breakthrough was made this morning in AfriForum, Solidarity and the Solidariteit Skoleondersteuningsentrum’s fight against two unacceptable articles in the Basic Education Act that was just signed into law by President Cyril Ramaphosa. In what these organisations consider a win for Afrikaans communities, Ramaphosa decided to open Articles 4 and 5 of this law for further discussion and therefore not to implement it immediately. This serves as proof that public pressure can succeed,” AfriForum said.

The implementation date for clauses 4 and 5 of the Bill will be delayed by three months, to allow for further engagement on the matter. Ramaphosa warned that if parties cannot agree on an approach, then those parts of the Bill will be implemented.

However, AfriForum warned that should discussions lead to “nothing”, it would head to court.

“If it were to be implemented, it would be an act of aggression against the Afrikaans community that would not only break the 1994 settlement but also damage the spirit of the Government of National Unity (GNU),” it declared.

DA leader John Steenhuisen, who had warned of Ramaphosa jeopardising the GNU if he signed the Bill into law, also said the DA would be ready to head to court if the clauses were implemented.

Ramaphosa pointed to historical redress in advancing the right to basic education and said at the signing that education was the tool that must be used to uplift the nation and for that to happen, there should be equal access to education.

He highlighted challenges currently hindering progress in this regard.

“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 school fees. We have seen great disparities in norms and standards, in governance and in access to resources. The Basic Education Laws Amendment Bill seeks to address these challenges,” he said.

Further, he noted the opposition to the Bill and pointed to extensive consultation and views and suggestions from across society.

“Consultation, engagement and debate are defining features of our democracy. They enrich the policies that are adopted and the laws that are passed. The law that we are signing today further opens the doors of learning. It lays a firm foundation for learning from an early age,” he said.

UNDER THE NEW LAW

To enhance focus on early childhood development, the Act now makes Grade R compulsory.

It also looks to improve admission policies, particularly related to vulnerable learners, such as children of undocumented migrants.

The ban on corporal punishment is also reinforced with the BELA Act and provides for harsher penalties for those who ignore the ban.

Legal emphasis is placed on the role of parents and caregivers to ensure that children consistently attend school, with homeschooling also receiving more effective regulation and oversight.

In enhancing tolerance and respecting cultural and religious differences, the law guides schools on the development of codes of conduct in this respect.

In terms of the language policy that has come under fire, the new law will require that schools consider the broader linguistic needs of their respective communities.

“The law [also] seeks to align the role of the SGB in determining language and admission policies with the responsibility of provincial education departments to ensure the constitutional right to basic education. It seeks to ensure uniformity and fairness in educational standards across all schools,” Ramaphosa said.

With the new law, SGBs also have frameworks for financial and public accountability.

In continuing engagement on the Bill with parties, Ramaphosa said he would draw on his experience of drafting the new Constitution, following the end of Apartheid.

“At the time of the drafting of the new Constitution, we had to resolve seemingly intractable differences over issues such as the right to strike, language, education and land. On these matters, we found each other. And I believe we can do so again. Whatever our disagreements, we all seek a better, more efficient, more equitable education system that best serves the children of South Africa. We all agree on the need for a common framework for collaboration as government, as SGBs and as parents. For our education system to work for all, we have to work better, smarter and in a more cooperative manner,” he said.