Cape Town — The Democratic Alliance (DA) has defended the decision by Basic Education Minister, Siviwe Gwarube’s agreement with trade union, Solidarity, to not implement certain parts of the Basic Education Laws Amendment (BELA) Act.
President Cyril Ramaphosa acknowledged the settlement agreement between Gwarube and Solidarity regarding the BELA Act but added that it does not affect his authority to decide the Act’s commencement.
Gwarube signed the agreement last week, about her role in implementing the BELA Act. Presidency spokesperson, Vincent Magwenya, said the agreement holds no legal or practical influence over the multi-party discussions.
“The agreement between the Minister and Solidarity has no bearing in law or practical effect on the inclusive multi-party discussions that are underway regarding Sections 4 and 5 of the Act,” Magwenya said.
According to
EWN, the DA has defended Gwarube for her decision, after she came under criticism from the ANC and COSATU. Party spokesperson, Willie Aucamp, said the Presidency was privy to the agreement.
“This was a NEDLAC process. It was not a private agreement between Solidarity and the Minister. The Office of the Presidency was present throughout this whole process and after obtaining a mandate from the Presidency, this agreement was signed by the deputy director-general within the office of the Presidency,” Aucamp said.
Aucamp added that, while the President will ultimately make the final decision, not clearing house can override NEDLAC. Aucamp agreed that clauses four and five were contentious but he said the DA would keep all its options open.
According to TimesLIVE, Deputy President Paul Mashatile supported the sentiments for Ramaphosa to reject contestation against the implementation of the two clauses and sign them into law. Mashatile said the ANC was fighting for the clauses not to be excluded.
“There are people who want to remove it. I was reading on social media as I was coming here that there is an agreement somewhere that some of the clauses in the act should be scrapped. We are saying no, we cannot exclude the clauses,” Mashatile said.
Magwenya said the president was committed to his decision to give parties time to submit proposals.
“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,” Magwenya said.
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Compiled by Matthew Petersen
