The Basic Education Laws Amendment Act has received the assent of President Cyril Ramaphosa. However, the new Amendment to the laws in its current form has drawn mixed reactions and responses from the public, civil society and within the government of National Unity. The president approved the bill at the Union Buildings in Pretoria on the 13th of September.
However, the “implementation of the Act’s contentious clauses relating to language and admission will be delayed by three months to allow concerned parties to propose changes.” The rest of the Bill – which was passed by the National Assembly just ahead of the elections with 223 votes in favour of it and 78 against – will be implemented in the meantime. The signing ceremony had notable absences of the attendance of the Basic Education Minister, Siviwe Gwarube and the Western Cape MEC of Education, David Maynier, both from the Democratic Alliance (DA). The Bill, which has been at the centre of debate in the South African education and political scene since its introduction, is the first piece of contested legislation under the GNU. The President shrugged off public calls from GNU members, the DA and Freedom Front Plus (FF Plus) to send the Bill back to Parliament for further deliberations. Prior to the signing, the DA said that putting pen to paper would “put the GNU at risk,” largely due to contentions around clauses relating to language and admission policies.
So, ground water is unsafe to drink, this would be especially worrying when you live in a rural area that uses such water. Ground water when it comes to the surface and has been affected by more than sewerage waste can be deadly. The use of chloride can be used to clean harmful chemicals from the water. This should happen after you filter the water of heavier substances and then boil it. This practice once used should kill the harmful bacteria such as the E. coli virus and cholerae. Education about these uses and the resources concerning water should be a priority. Both the state and civil society (NGOs and educational outlets) need to reach out and assist in alerting communities that use ground water. Chief among them as regards the government is the Education and health departments. They could save a lot of lives in the rural areas through education.
A 2021 study published in ScienceDirect titled “Groundwater Contamination in Sub-Saharan Africa” revealed alarming levels of harmful bacteria, such as E. coli, in groundwater sources close to human activity. Households and business premises that utilise boreholes for drinking water must be vigilant; it is crucial for borehole users to not assume the safety of their water, especially if they are near human and/or industrial activities. Regular testing and monitoring of borehole water are essential practices to ensure it remains safe for consumption. Groundwater supplies the majority of small urban and rural communities in South Africa and is critical in agriculture where it is used for livestock and irrigation – the vast majority of famers in Southern Africa rely on groundwater for both domestic consumption and livestock watering.
The bill known by its acronym BELA still has inconsistencies that need to be ironed out concerning the language admissions and being thought in the mother tongue language of the pupils. The fact that the Basic Education Minister, Siviwe Gwarube and the Western Cape MEC of Education, David Maynier both DA members were absent is revealing. The GNU itself may still stand the test but currently there are ripples going through its ranks. Disagreements have arisen over Ramaphosa’s unilateral decision to have the bill put forward to parliament without the necessary discussions. The GNU should be an open platform of deliberation and consultation where all views are listened too and all warnings taken into account. Hopefully the coalition will grow from this. Beneath the pomp and ceremony of protocol, practicality and diplomacy should reign. It was wise for Ramaphosa to acknowledge the advice by his coalition partners and delay the parts of the bill concerning admissions and language. This is a law that they can take to the Constitutional Court. The DA and EFF will not remain low depending on who will challenge the law to be scrapped. The BELA Act should have been discussed via coalition partners with a solution reached by consensus.
However, the party has since backtracked on this position, with leader John Steenhuisen saying that signing the BELA wouldn’t necessarily collapse the government. Broadly, the Bill amends sections of the South African Schools and the Employment of Educators Acts. Deputy Minister of Basic Education Dr Reginah Mhaule says that this is to “respond to administrative challenges facing schools and to continue with the transformation agenda of the education system… to reflect the changing demographics of communities.” Looking at one of the biggest points of contention in the Act, School Governing Bodies (SGBs) maintain authority over school’s language and admissions policies, however it is subject to the Head of Department’s approval given that the process is “fair” and reflective of the “changing demographics of communities.” The DA and the FF Plus argue that it “impedes on the right to mother-tongue education,” particularly in Afrikaans-medium schools. Ramaphosa denied this and said that it is rather about “equitable access.”
These disagreements over the BELA Act could give rise to a political tug of war that could go back and forth. If this enmity between the parties continues it may lead to the setup of the whole GNU being undermined. The alterations being made to previous school laws raises concerns about who will exercise control over the schools in terms of authority. Will it be the school governing bodies, the Provincial administrations or the central government’s Education Department? The fact that BELA gives School Governing Bodies (SGBs) the authority over school’s language and admissions policies while allowing the Head of the Department to have the final say in these decisions subjects SGBs to the whims of the Heads of the respective school departments. Although this arrangement is meant to be flexible so as to be consistent with the changing demographics of the population, it could leave minorities in the dark. This is why the DA and FF Plus are worried, but they have to highlight a solution to the President.
Meanwhile the Institute for Security Studies (ISS), on Tuesday released the key findings of its long-term prospects 2043 Report, which was launched at the same time. According to the research in the report it was found that despite a barrage of strategic plans and policy frameworks aimed at driving the country’s economic growth and reducing unemployment and inequality, the government still struggles to translate intent into measurable action.
From employment policies to industry-specific reforms, the country is at an impasse — its leadership and governing institutions lacking the capacity and accountability needed to implement meaningful change that will benefit citizens. But there has been “rekindled hope” that the government of national unity could be a positive force in steering the country on a path of growth and accountability. The study outlines a “business as usual” scenario for the country and eight sectoral scenarios with critical reforms. “The report quantifies what is possible if the coalition government can indeed unite behind pro-growth strategies and effectively deliver on the urgent growth reforms needed in our country,” said Alize le Roux, senior researcher at the ISS’s African Futures and Innovation unit. “Drawing on extensive data modelling, the report demonstrates the tangible benefits of coordinated implementation, policy implementation, and not just the formulation thereof.” South Africa needs accountable and competent leadership grounded in evidence-based policies to foster sustainable growth, according to the report.
The reason why its so difficult for the government to translate its well-intentioned policies into concrete action is because of the lack of coherence in who should take charge. President Ramaphosa himself has been indecisive in taking the main responsibility in state affairs. The proposal now is for Ramaphosa to reign in the GNU to take a more formalized approach to state policy and put said policy back on track. This the only way to improve the economy. Through implementing coherence in coordination. The new hope being placed in the GNU is that it can steer the nation back on to a path of reconciliation and restore confidence in the economy. This is so South Africa can emerge from the shadow of state capture. This is meant to lead to a nation in which transparency and accountability are enshrined.
The main focus of the GNU should not be to squabble over mundane details in legislation. Although grievances need to be listened too. Their main purpose is to reach a consensus on how to best lead the country forward to prosperity.
Article written by:
Yacoob Cassim
Journalist at Radio Al Ansaar
