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Basic Education Minister confirms Bela Act ‘essentially’ ready for implementation – except clauses 4 & 5

Basic Education Minister confirms Bela Act ‘essentially’ ready for implementation – except clauses 4 & 5
Lisakanya Venna
By Lisakanya Venna
6 Nov 2024
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Thousands of people protested against the language and admissions clauses in the Bela Act on Tuesday. Basic Education Minister Siviwe Gwarube said the Act was ready for implementation, but was waiting for answers on the controversial clauses.

Following widespread protests against the Basic Education Laws Amendment (Bela) Act, Basic Education Minister Siviwe Gwarube has confirmed the law is ready for implementation, except for clauses 4 and 5, which President Cyril Ramaphosa delayed for three months to allow for further consultation. 

Speaking on the implementation of the Act in the Western Cape Legislature on Wednesday, 6 November, Gwarube said: “The Bela Act, as it stands, is essentially ready for implementation with the exception of clauses 4 and 5. As a department, we’ve already started the process of implementing the Bela Act, because, of course, it has been signed into law.”

“In fact, we’ve started to engage provinces and to essentially roll out workshops … so that provinces are ready and are primed to be able to implement provisions of the Bela Act, with of course the exception of clauses 4 and 5.”

Gwarube said she was waiting for the consultation process on the controversial clauses to conclude and said her department would be guided by those discussions, which are being led by the Presidency, on how to implement them.

“But, in so far as the Bella Act, we are primed to implement.”

Read more: Ramaphosa signs Bela Bill into law, but presses pause on two controversial clauses for three months

Adding to the minister’s feedback, Basic Education director-general Hubert Mweli touched on the financial implications of the Bill and its introduction of Grade R as the compulsory school starting age.

“Grade R has been part of our system for many years. The real issue there is adequacy in terms of funding. Grade R has been funded at 70% of the funding that is accorded to Grade 1, and the issue was that we need to bring parity between Grade R and the rest of the other grades.”

He said funding for Grade R learners in primary schools outside the public education system “ordinarily would not be covered in this case”.

About the Act


Key provisions in the Bela Act include the prohibition of corporal punishment, with penalties for offenders, and making Grade R the compulsory starting age. Parents and guardians will also be held accountable, facing penalties if their children don’t attend school.

The Act aims to address long-standing challenges, such as reducing dropout rates, strengthening governance, preventing misuse of funds and enhancing teaching and learning.

Read more: Bela Bill seeks to bring SA’s education system in line with Constitution, say civil society bodies

The law also introduces changes to how schools’ language and admissions policies will be decided. School Governing Bodies (SGB) currently have the authority to determine a school’s language policy.

However, clause 4 of the Act grants provincial heads of education the power to override these policies. Clause 5 transfers control over admission policies from SGBs to provincial education department heads.

Protest against Bela


Thousands of civil society members, including groups such as Solidarity and AfriForum, gathered in Pretoria on Tuesday to protest against clauses 4 and 5 of the Bela Act.

The protesters expressed opposition to the two clauses and called for the protection of mother-tongue education and the rights of linguistic and cultural communities.

The protest was addressed by DA leader and Agriculture Minister John Steenhuisen, Patriotic Alliance leader and Minister of Sport, Arts and Culture Gayton McKenzie, and FF Plus leader Pieter Groenewald.

In response to the protests, Gwarube’s spokesperson Lukhanyo Vangqa said the national day of action was directed at President Ramaphosa, not the minister’s office.

In response to the protest, the ANC’s study group on basic education urged Ramaphosa to promulgate all sections of the Act immediately. “The notion that the Act infringes on being taught in one’s mother tongue language is disinformation. The Bela Act instead encourages schools to accommodate more languages,” it claimed in a statement.

In response, Solidarity said consultations should continue. 

“Good progress was made over the past two months in talks between the Solidarity Movement, including Solidarity and AfriForum, the Afrikaanse Onderwysnetwerk and the ANC. These talks showed that there is indeed common ground, and that an agreement is possible. Those talks must continue,” said Solidarity in a press statement.

Read more: Bela Bill will immediately be taken to court if signed into law, says powerful lobby group 

Notably, Gwarube did not attend the Bela Bill signing ceremony and expressed opposition to the Bill, calling for its referral back to Parliament for reconsideration under Section 79 of the Constitution. DM

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