The BELA Act is now officially in full effect, as President Ramaphosa moves to sign a Presidential Proclamation that will bring the Basic Education Laws Amendment (BELA) Act into operation, immediately.
The BELA Bill was approved by the 6th democratic Parliament on 26 October 2023, and received presidential assent on 13 September 2024. At the public signing ceremony, President Ramaphosa revealed his decision to postpone the implementation of sections 4 and 5 by three months.
The BELA Act is said to promote safe and inclusive learning environments.
The President announced:
I accordingly advised them that I would proceed to sign a Presidential Proclamation to bring the Basic Education Laws Amendment Act into operation from today. I have instructed the Minister of Basic Education to see to the full implementation of the BELA Act.
The delay of the full implementation of the Act is due to members of the Government of National Unity (GNU) and other stakeholders requesting further consultation on some aspects of the Act, specifically those concerning admission and language.
"I said that whilst I had assented to the Bill, in the spirit of cooperation and meaningful engagement, I would delay the implementation date of the BELA Act in totality by three months."
During the three months, the parties then held consultations and made proposals on how the differing views may be accommodated. If no consensus were to be reached, Ramaphosa would direct the Minister of Basic Education, Siviwe Gwarube, to proceed with implementing the Act.
All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law and the relevant policies and regulations.
After much deliberation, the GNU "agreed that the Basic Education Laws Amendment Act should not be sent back to Parliament to make changes to the sections that were in contention" and that the BELA Act should be fully implemented.
The BELA Act continues the work that has been done over the last 30 years to ensure that all children have equal access to quality education – from their early years and throughout their schooling.
Way Forward
Now that the BELA Act has been fully implemented, guideline, norms and standards will be developed by January 2025 to make sure that there is a smooth integration.
Once these are ready, the public will be asked for their comment. Draft regulations, norms and standards for the BELA Act will be open for comment by June 2025.
