AfriForum is set to take President Cyril Ramaphosa and Minister of Basic Education Siviwe Gwarube to court over the promulgation of the Basic Education Laws Amendment (BELA) Act.

BELA was introduced to the National Assembly on January 9, 2022. It was signed into law by President Ramaphosa on September 13, 2024. The President halted the implementation of clauses 4 and 5 and gave three months to allow time for further discussions. 

At nedlac, Minister Gwarube recommended that the section should not be implemented until specific national policies, regulations, and norms and standards are developed and until regulations are in place requiring heads of provincial education departments to consider certain additional factors before exercising their authority under these sections. 

The process that was done at Nedlac by the Basic Education Minister, Sivewe, and AfriForum and Solidarity was not the official procedure endorsed by the clearing house or the parties that signed the Statement of Intent. This agreement was done outside Nedlac processes. 

President Cyril Ramaphosa authorised the full implementation of the Basic Education Laws Amendment (BELA) Act. AfriForum and Solidarity were up in arms and felt that Minister Gwarube breached the agreement, which was not officially endorsed by the clearing house. 

Kallie Kriel, Afriforum CEO, said, “They are still waiting for formal reaction from President Ramaphosa. We hope that we can find some kind of solution; one solution can be that they are directives in terms of implementations. These are the things that must be kept in mind before the regulations are there.”