The Solidarity Movement, which includes Solidarity and AfriForum, reached a settlement with the government at Nedlac over the BELA dispute.

In a statement, the Solidarity Movement announced that, under the settlement, the controversial sections of the BELA Act will not be implemented on 13 December.

President Cyril Ramaphosa signed the BELA Bill into law in September but announced a three-month delay in implementing clauses 4 and 5 to allow for negotiations with parties in the government of national unity that have opposed its provisions.

Clause 4 of the BELA Bill grants the Department of Education more control over admissions and requires schools to admit and educate children without the necessary documentation.

Clause 5 requires the school governing body to submit the language policy and any amendments to the provincial head of department for approval.

The South African Democratic Teachers Union (SADTU) claims the bilateral agreement “reinforces a racist mindset”.

“We will not allow racist organisations to insult our liberation struggle, apartheid used language and education to oppress and discriminate the black majority. History is repeating itself as the beneficiaries of colonial apartheid are again using language and education to discriminate against the black majority by blocking the BELA Act,” said SADTU spokesperson Nomusa Cembi.

Cembi told Jacaranda FM News that Basic Education Minister Siviwe Gwarube’s attitude towards the Act was unacceptable and called for her resignation.

“We are totally unhappy with how she has handled herself ever since she took her position as the minister, she is pushing the DA’s agenda which was unhappy with the act from the beginning. So, when she boycotted the signing of the act, we could sense that she was listening to her party more than listening to the country.”

She added that Gwarube’s approval of the bilateral agreement shows her disregard for the transformation of the education sector for the public.

READ MORE : BELA Act dispute resolved, says Solidarity Movement

Further rejection of the bilateral agreement –

The Gauteng Education Department has utterly rejected the agreement adding that it represents the minority and as such undermines what was intended by the President.

The provincial department said the agreement “ring-fences” certain schools for specific groups and requires Heads of Departments to consult School Governing Bodies before changing a school’s language policy or handling admissions.

Gauteng Education MEC Matome Chiloane criticized the agreement for favoring one segment of society, calling it a bid to preserve culture at the cost of transformation. He questioned why Gwarube consulted only one group and plans to present these one-sided recommendations as a solution for the broader education sector.

President Ramaphosa also expressed disapproval of the agreement, stating it has no legal or practical impact on the ongoing multiparty discussions regarding sections 4 and 5 of the Act.

He also pointed out that the agreement has no influence on the president’s powers to ultimately take a decision regarding the commencement of the act.

According to the presidency, Ramaphosa is awaiting the outcome of the deliberations, following the three-month consultation period set to conclude on 13 December.

SADTU expressed dissatisfaction that the president excluded the controversial clauses when signing the bill, stating that including them would have prevented the current discourse.

Acceptance of the bilateral agreement –

The Democratic Alliance (DA) welcomed the agreement, stating that the negotiations were a necessary legal process to prevent strike action over the Act’s controversial clauses.

Helen Zille, the party’s Federal Council Chairperson, confirmed that no political parties participated in the negotiations, adding that the consensus-based agreement demonstrates NEDLAC fulfilling its purpose of facilitating negotiations to avoid strike action.

The party marched against the bill earlier this month, stating it presents a significant threat to Afrikaans language and culture since the advent of democracy.

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