Why Education Minister won’t attend Ramaphosa’s BELA Bill signing. Learn about the absence and what it means for education policy in South Africa.
The Department of Basic Education Minister, Siviwe Gwarube, maintains that the Basic Education Laws Amendment (BELA) Bill, in its current form, must be amended. This stance comes as President Cyril Ramaphosa prepares to sign the bill into law.
I have always and remain opposed to the Bill in its current form and have requested the President to refer it back to Parliament for reconsideration regarding section 79 of the Constitution.
Gwarube has expressed opposition to the bill in its current form, requesting the president to refer it back to Parliament for reconsideration under section 79 of the Constitution.
Appointed as Minister of Basic Education earlier this year, Gwarube was brought into the Government of National Unity (GNU) after Ramaphosa’s African National Congress (ANC) failed to secure enough support to govern alone.
As part of the GNU, the ANC shares governance with other political parties, including the Democratic Alliance (DA), Gwarube’s political home. The DA has long opposed several aspects of the BELA Bill, and experts anticipated friction after Gwarube was appointed Basic Education Minister.
The BELA Bill introduces key changes aimed at improving governance in South Africa’s education sector, such as making Grade R compulsory, enforcing penalties for parents who do not ensure school attendance, and reaffirming the ban on corporal punishment. The legislation reflects updates to the South African Schools Act of 1996 and the Employment of Educators Act of 1998, incorporating recent legal rulings to support the Bill of Rights.
However, Gwarube has raised concerns about the constitutionality of certain provisions, including public school admissions and language policies, as well as the phased implementation of compulsory Grade R, depending on the capacity of provincial education departments.
Gwarube noted that she will not attend the signing of the Bill until these issues are addressed. She emphasised the need for Parliament to rectify the bill to ensure millions of learners can access quality education.
Parliament must be allowed to fix what is currently wrong with the Bill so that millions of learners across the country can access and receive quality education for a better South Africa.
Acknowledging the importance of compromise within the GNU, Gwarube confirmed that she has engaged with the president on the BELA Bill. She stressed that objections must be considered to avoid costly legal disputes and ensure the bill reflects the people’s will.
In the context of a Government of National Unity, it is essential that compromises reflect the people’s will. That is why I have been engaged with the President on this matter. We must consider the objections to the Bill and ensure that it is rectified to avoid protracted and costly legal action.
Gwarube reiterated her commitment to serving South Africa and ensuring access to quality education for all learners.
Meanwhile, the Presidency announced that President Ramaphosa will sign the BELA Bill into law during a ceremony at the Union Buildings in Pretoria. The bill, which was passed in the National Assembly with 223 votes in favour and 78 against, has been hailed as a “watershed moment” by former Basic Education Minister Angie Motshekga.
Motshekga dismissed claims that the bill undermines school autonomy or limits parental rights. It seeks to balance School Governing Body (SGB) authority with provincial education oversight to ensure fairness and inclusivity.
Key provisions of the bill include the requirement for schools to support pregnant learners and the reaffirmation that the bill does not address abortion. SGBs will continue to set admissions policies, with the Department of Education intervening only in cases of discrimination.
The bill’s development involved extensive public input, including nearly 5,000 comments and over 140 petitions