The three-month period set aside by President Cyril Ramaphosa for civil society, political leaders and key education stakeholders to engage robustly on clause 4 and 5 of the Basic Education Laws Amendment (BELA) Act in the pursuit of its implementation, will be lapsing on 13 December 2024. President Ramaphosa signed the BELA Act into law at the Union Buildings in Pretoria on 13 September 2024, after extensive consultative processes. The President has since suspended clauses 4 and 5 of the BELA Act to allow parties to share insights in strengthening the Act where it deemed necessary.

Clause 4 of the Bela Act gives the DBE greater control over the admission policy and clause 5 requires School Governing Bodies (SGBs) to submit the school's language policy to the provincial Head of Department for approval. Whilst the nation is waiting for the outcome of the three-month consultative process on the Act, the Matthew Goniwe School of Leadership and Governance (MGSLG), in partnership with the DBE and the Gauteng Department of Education, organised the BELA Act Colloquium to address misconception relating to the interpretation and implementation of the Act. The Colloquium, which was supported by Deputy Minister of Basic Education, Dr Reginah Mhaule and Gauteng MEC for Education, Mr Matome Chiloane, took place at Constitution Hill, Johannesburg on 20 November 2024.

Mr Sibusiso Mahlangu, the MGSLG CEO views the Act as a transformative piece of legislation aimed at addressing critical challenges within South Africa's education sector: “The Act focuses on ensuring equitable access to quality education, improving governance structures and aligning educational policies with national priorities. As the implementation phase of the BELA Act commences, it is essential to engage stakeholders such as Government, educators, parents, civil society and policymakers in meaningful dialogue to address concerns, unpack implications and align efforts toward shared goals”. The Colloquium featured several expert panellists, including Prof Mary Metcalfe, Adv Maisa Jeremiah Merabe, Dr David Matsepe and Mr James Ndlebe who deliberated on the BELA Act and its implications for schools, governance and communities.

 In his address, Mr James Ndlebe, Chief Director for Planning and Implementation Support, said that the Act will address inequality within the Basic Education Sector. “Continued community engagement on the future of South African children through transformative change in education is vital. Today, we are here at the Constitutional Hill to engage education stakeholders on the Act, and their input will play a critical role during the full scale implementation of the Act. Our communities need to understand that the Act deals specifically with the administration and governance of schools. It does not apply to issues relating to curriculum, school safety and school infrastructure since there are existing policies that have been established  to deal with such issues,” explained Mr Ndlebe.

Deputy Minister Mhaule indicated that the BELA Act should be viewed as a positive undertaking to ensure equitable, inclusive and transformative education: “One of the most notable changes involves granting the HoD authority to intervene in the development of language and admission policies in schools. This intervention aims not to diminish the role of SGBs but to ensure that these policies align with national legislation and constitutional principles. The BELA Act aims to enhance access to education by removing barriers that prevent learners from being admitted to schools based on race, colour, religion or scholastic ability. Provincial Education Departments (PEDs) are now empowered to enforce compliance with the Constitution and other relevant legislation, ensuring that no learner is denied access to education on discriminatory grounds”.