Political parties and civil society organisations on Friday expressed mixed reactions to the signing of the Basic Education Laws Amendment (BELA) Bill, which President Cyril Ramaphosa said was an important step in resolving challenges in the country’s education system.

Despite some public rejection, and concern over the Bill’s constitutionality, Ramaphosa signed it into law, however, he placed on hold clauses 4 and 5 of the Bill for three months to find solutions to the concerns around them. Should no solutions be found, the Bill will be implemented fully, he said.

The African National Congress (ANC) called on all stakeholders in the education sector to embrace “this important development” and work together to ensure the successful implementation of the BELA Bill for the benefit of children, communities, and the future of the nation.

ANC acting national spokesperson Zuko Godlimpi said the signing of the Bill marked a significant step in strengthening governance and transforming South Africa's education system.

“We believe that education is the cornerstone of economic liberation for active citizenship and the empowerment of all South Africans. The amendments to the South African Schools Act of 1996 and the Employment of Educators Act of 1998 through the BELA Bill will ensure that our legal framework reflects the evolving needs of our society and responds effectively to the demands of quality education for all,” stated Godlimpi.

The party said the legislation upheld the constitutional rights enshrined in the Bill of Rights and provided a mechanism for ensuring equal access to education, inclusive governance in schools, and the fair treatment of educators.

Godlimpi said these amendments would strengthen school governing bodies' (SGB's) accountability, enhance the management of resources, and ensure that learners, particularly from previously disadvantaged backgrounds, were not excluded from the full benefits of education.

Portfolio Committee on Basic Education chairperson Joy Maimela commended Ramaphosa for signing into law the “very progressive” piece of legislation, that she said would see the landscape of schooling in South Africa changed for the better.

Maimela noted the legislation had been more than 11 years in the making and was in line with continuing the transformation agenda of the education sector.

Select Committee on Education, Science and the Creative Industries chairperson Makhi Feni said the “misrepresentation” that the Bill sought to do away with Afrikaans was unfounded and intended to drive a wedge between South Africans.

He added that Basic Education Minister Siviwe Gwarube’s decision to not attend the signing ceremony for a piece of legislation intended for her portfolio was “unfortunate and intended to undermine” the President, noting that the conduct was regrettable.

The committee said the signing of the Bill was an affirmation of the quality of work the previous committee had done through public participation processes, and said it appreciated that Ramaphosa had "opened a window" for opponents of this law by asking for further input into the legislation.

RISE Mzansi national spokesperson Gugu Ndima said the party believes that the Bill, which amended the South African Schools Act and the Employment of Educators Act, was not perfect, however, the party said it was robust and would ensure that laws that regulated schooling adapted to changes in society and schooling.

“With communities becoming more diverse, RISE Mzansi believes that admission and language policies of schools must result from provincial heads of department and SGBs working together. This will eliminate perceived and real discrimination, especially based on language – giving weight to the right to quality education of all learners,” said Ndima.

RISE Mzansi agreed with Ramaphosa that homeschooling needed to be appropriately regulated to meet quality education standards and protect the rights of children.

The party did express concerns about the penalties for parents of children who are not in Grade R, which was now a legal requirement, pointing out that there may be circumstances out of some parents’ control, such as finances.

RISE Mzansi said clarity was needed on how Grade R was going to be funded given that this was previously a programme of the Department of Social Development.

Civil society organisations AfriForum, Solidarity and Skoleondersteuningsentrum (SOS) celebrated what it termed a “tactical breakthrough”, after Ramaphosa decided to open Articles 4 and 5 of the Bill for further discussion and not to implement it immediately.

The organisations noted that this served as proof that public pressure could succeed.

The organisations pointed out that although the “danger” posed by this law had not been fully averted, it created room for further discussions.

“AfriForum, Solidarity and SOS’s legal team are still ready to fight the case in the courts should these discussions lead to nothing. Our position remains that those articles of BELA will have destructive consequences for Afrikaans schools and children if they are implemented and AfriForum therefore remains ready to oppose it on all possible national and international platforms,” said AfriForum head of cultural affairs Alana Bailey.

Solidarity chief executive Dr Dirk Hermann said if there were no changes to the clauses in question, the organisations would continue with court action.

“…we are going to keep up the pressure. Our fight is not against a law, but for the future of our schools and our children,” he said.

​​SOS CEO Leon Fourie said the State “cannot hijack Afrikaans schools” while government does not fulfil its obligation to build enough schools.

Meanwhile, African Christian Democratic Party Parliamentary Whip Steve Swart said while the ACDP welcomed the postponement of the clauses, it still believes that the Bill should have been referred to Parliament given the vigorous opposition from the ACDP, other political parties, parents, religious leaders, civil society, community leaders, home schoolers and SGBs.

Swart explained that there were certain issues which were not covered in the clauses that had been postponed - “issues which in the main relate to home schoolers and learner pregnancy. These are matters that are deeply concerning to the ACDP and many others. In this regard, we will consider all our options moving forward.”

ActionSA Parliamentary Chief Whip Lerato Ngobeni said the party believes that the Bill did not address structural deficiencies, that she said continued to diminish the quality of education in South Africa.

Instead, she said the Bill proposed relatively cosmetic and poorly costed changes and additions to a system that required “a near-complete overhaul” to ensure access to quality education.

Ngobeni also said ActionSA was disheartened by Minister Gwarube's failure to persuade the President against signing the Bill, noting that despite widespread concerns raised by parents, educators, civil society, and her own vociferous opposition, which ActionSA said she has seemingly abandoned.

“…regrettably, South Africans now find themselves in a scenario where the very Minister responsible for implementing this law does not believe in it, exposing a conflict that undermines its credibility,” Ngobeni said.

She added that the contradictory pronouncements made by Democratic Alliance (DA) leader John Steenhuisen stand in stark contrast to Gwarube's public assurance that she and her department are committed to implementing the Bill, despite what she termed “political headwinds”.

However, ActionSA believes Ramaphosa’s holding off clause 4 and 5 is merely an appeasement mechanism rather than a genuine attempt to address the numerous concerns raised.

ActionSA said it was reviewing its options and considering the next steps to ensure that the rights of parents, teachers and learners are protected.

DA Western Cape spokesperson on education Leon van Wyk said the signing of the Bill represented a further “financial broadside” from national government to the learners of the Western Cape.

Van Wyk stated that the BELA Bill would cost billions that neither the Western Cape province nor the country had available and that it stood to totally bankrupt the education sector.

“At the same time, its passage into law flies in the face of the views expressed by thousands of residents of the Western Cape,” he said.

While the DA supported measures such as the implementation of mandatory Grade R in principle, he said the BELA Bill was something that the country simply could not afford.