The controversial Articles 4 and 5 of the BELA Act cannot be implemented until the Minister of Basic Education, Siviwe Gwarube, establishes a timeline and develops the necessary norms, standards, and regulations.
Practically, this means that these articles cannot take effect immediately. This meets an important part of the demands of the Solidarity Movement, including Solidarity, AfriForum and the Solidarity School Support Centre (SOS).
This announcement aligns with Solidarity’s agreement with the government at Nedlac. This agreement stipulates, among other things, that the controversial articles cannot be implemented until norms and standards have been developed. According to this agreement, norms and standards must determine that Afrikaans schools that are full cannot be forced to change their language policy, while the language needs of the surrounding community rather than the education district must be taken into account.
Any official who tries to implement sections 4 and 5 before the Minister completes her work will be acting unlawfully.
The Solidarity Movement, including Solidarity, AfriForum and the Solidarity School Support Center (SOS), will challenge any form of intimidation against schools in court.
The president’s announcement about the Bela law is, however, vague and appears to be an attempt to appease all parties. The promulgation of the act is inconsistent with apparent legal issues. It is unusual for the President to promulgate the law while leaving its implementation to the Minister.
The Solidarity Movement reserves their right to challenge the proclamation in court, depending on how it is published in the Government Gazette. We will also consider to challenge certain elements of the Bela Act in court.
The focus now shifts to the Minister of Basic Education. Solidarity has a binding bilateral agreement with the Minister at Nedlac, which guarantees certain protection for Afrikaans schools.
This agreement must now be translated into norms and standards, and the Solidarity Movement will ensure that the protection of Afrikaans schools is embedded in these. The Solidarity Movement will immediately engage with the Minister on this matter.
Solidarity, AfriForum and the Solidarity School Support Center’s legal teams have already been instructed to thoroughly evaluate the final proclamation. They will assess the constitutional validity of the Bela Act, provide input on the proposed norms and standards, and stand ready to act if any official tries to force schools to implement sections 4 and 5 at this stage.
