President Cyril Ramaphosa may delay the implementation of the two contested sections of the Basic Education Laws Amendment (BELA) Act until 2026, pending his approval of recommendations by Basic Education Minister Siviwe Gwarube. According to News24, this came after a settlement between Gwarube and the Solidarity Movement, which was reached at the National Economic Development and Labour Council (Nedlac) on Wednesday.

Meanwhile, Deputy President Paul Mashatile’s office released a statement today stating it became aware of the agreement regarding the latest agreement through unofficial channels. This speaks to a larger unhappiness within the ANC and alliance partners like trade unions about the government’s agreement with largely Afrikaans organisations, whose fight for mother tongue language protection has become a hotly politicised issue largely about the Afrikaans language.  

Mashatile’s office emphasised that the latest agreement, widely reported in the news and heralded by the DA as a victory, was not cleared by the Government of National Unity’s GNU clearing house mechanism, nor were all gnu members consulted. “According to the statement issued by trade union Solidarity, only one GNU party appears to have participated in a parallel process outside the framework sanctioned by GNU parties and signatories to the Statement of Intent,” said Keith Khoza, Mashatile’s acting spokesperson.

Although the BELA Act was signed into law on 13 September, the commencement date remains unknown. Sections 4(d), 4(f), and 5(c) of the Act have sparked significant opposition from groups such as the DA, AfriForum, the Suid-Afrikaanse Onderwysunie, and the Federation of Governing Bodies of South African Schools.

Lukhanyo Vangqa, Gwarube’s spokesperson, spoke to News24 and said the agreement ensures the sections won’t be implemented prematurely. “What is useful here is that the recommendations do not entail legislative amendments to the BELA Act, and they don’t contemplate a perpetual suspension of any of the provisions,” he explained.

The settlement is supported by stakeholders within the Afrikaans language community, including AfriForum and the Afrikaanse Onderwys Netwerk. Solidarity Chief Executive Dr Dirk Hermann described the settlement as a significant breakthrough but noted that much work remains.

“During this period, there will be tough talks about norms and standards, and Solidarity will also propose possible legislative amendments. Schools do not have to let themselves be bullied by officials,” said Hermann.

AfriForum CEO Kallie Kriel highlighted the broader implications of the Act for cultural communities. “BELA’s provisions on the language policy of schools, if implemented, posed a serious threat to the survival of Afrikaans cultural communities,” he said, adding that the campaign against BELA received overwhelming public support.

The Afrikaans community’s challenge to the bill is just one aspect of the proposed legislation. The BELA Bill is largely an important bill, addressing key changes to South African education policy. This includes making Grade R compulsory, criminalising parental negligence in ensuring school attendance, regulating home-schooling with government oversight, and requiring school language policies to be approved for inclusivity. The bill also reinforces the ban on corporal punishment, prohibits alcohol on school premises, and mandates respect for religious and cultural beliefs in school codes of conduct. 

While supporters argue that the bill modernises outdated education laws, critics like the Afrikaner rights group fighting it alongside the DA claim it centralises power, undermines school governing bodies, and threatens constitutional rights, particularly regarding mother-tongue education. Advocacy groups like AfriForum and political parties such as the DA and ActionSA have opposed the bill, citing concerns over diminished local autonomy and overreach by the national government.

As the government now begins a lengthy process of consultations and regulatory development, the earliest implementation of the contested sections is anticipated in 2026. 

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