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On the vexed issue of Basic Education Laws Amendment Act implementation, our thoughts on recent developments are best kept to ourselves.
Suffice to say that, according to this morning’s Presidency media statement on an “agreement between the Minister and Solidarity” on the contentious issues of state-run school admission and language policies:
it has “no bearing – in law or practical effect – on the inclusive multiparty discussions ... underway on sections 4 and 5 of the Act”, and
“bears no influence on the President’s powers to ultimately take a decision regarding the commencement of the Act”.
The Presidency statement followed two others issued by ANC MPs but nevertheless conveying very different messages. We’ve unpacked them in an SA Legal Academy report since updated to include this morning’s press release. The statement also reaffirms the President’s “commitment to the undertaking he made when he signed the Bill on 13 September 2024 to give the parties three months to submit proposals on sections 4 and 5”.
“The President therefore awaits the outcome of those deliberations,” this morning’s statement continued – noting that, having been passed by Parliament and assented to by the President, “it is now law”. With that in mind, Basic Education Minister Siviwe Gwarube “is enjoined to work towards its implementation, sections 4 and 5 aside”.
“The next step is for the President to determine the date of commencement and for the necessary regulations to be finalised. This will be done without undue delay.”
“The President is bound by the Constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners.”
For ease of reference, we provide links to the following statements:
Solidarity and AfriForum statement in Polity, announcing the agreement (28 November 2024)
Presidency statement intended to clarify the process (29 November 2024)
Democratic Alliance statement calling on “interested and affected parties” to “accept the agreement” (29 November 2024)
South African Democratic Teachers Union statement rejecting the agreement (29 November 2024)
NCOP Education, Sciences & Creative Industries Committee statement welcoming the agreement (29 November 2024)
Presidency statement quoted in the body of this report
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