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The regulations for the implementation of the Basic Education Laws Amendment Act, published yesterday, undermine the essential intention behind the Act to place the interests of learners above the interests of adults opposed to the post-apartheid transformation of public schools.

The watered-down regulations are the product of a “settlement agreement” reached at a private meeting between Minister of Basic Education Siviwe Gwarube and Dr Dirk Herman, representing Afrikaner trade union, Solidarity, last November. 

The settlement agreement followed the declaration of a dispute over the Act by Solidarity at Nedlac. Curiously, although the agreement was struck behind the backs of other trade unions and stakeholders in the education sector, and Nedlac’s own Standing Committee, Nedlac accepted the settlement.

The Minister is a member of the Democratic Alliance which, though serving in the GNU, is politically aligned with Solidarity and its sister organisation, Afriforum. 

The agreement she signed with Solidarity, subverting BELA, raises questions about whose interests she’s actually serving.

The details of the agreement came to light in response to a PAIA application by GOOD Secretary-General Brett Herron for access to Nedlac’s proceedings after Solidarity’s declaration of a dispute over BELA last year. The Minister’s bilateral agreement with Solidarity was part of the package of information Herron received.

The agreement reveals similar wording to those in the regulations gazetted yesterday. The wording in the regulations contradicts the wording in the Act.

The agreement commits the Minister to recommending to the President that prior to implementing changes to schools’ admissions and/or language policies the interests of the community in “the immediate vicinity” of the public school must be taken into account. The gazetted regulations speak, similarly, to the interests of the “surrounding community”. 

The Act very deliberately speaks to prioritising the needs of entire “education districts” in order to break the hitherto unbroken chain between apartheid spatial planning and quality of education and infrastructure. It is a chain of exclusion that the likes of Solidarity want to maintain.

By restricting or constraining admission policies Minister Gwarube’s regulations achieve Solidarity’s aim to protect white privilege.

Members of the Government of National Unity signed a statement of intent binding them to the pursuit of social justice, redress, equity, nation building, social cohesion and unity in diversity. Minister Gwarube struck her deal with Herman while the GNU Clearing House was seized with developing consensus around BELA. 

The minutes of the NEDLAC meeting on 13 Nov 2024 reflect at Point 4.2: “The Standing Committee sought clarity if other teachers’ organisations were consulted because it believes that they are vital stakeholders in the matter.”

A good question, to which Minister’s Gwarube’s regulations provide a clear answer.

Issued by Brett Herron, GOOD Secretary-General