The DA says there are problems with clauses 4 and 5 of the Bela Act which undermine the constitution.
Clashes between the ANC and the South African Democratic Teachers Union (Sadtu) with the Basic Education minister over the Basic Education Laws Amendment (Bela) Act could result in a cabinet reshuffle.
This is the opinion of Sanet Solomon, a political analyst from the University of South Africa (Unisa).
Sadtu has told President Cyril Ramaphosa that he should implement clauses 4 and 5 of the Act by the end of the week or face legal action.
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Government of national unity (GNU) partners are expected to discuss these clauses at a clearing house meeting this month.
Meanwhile, there have been calls for Gwarube to step down as the minister of Basic Education for her slow pace in implementing the Act.
Gwarube should allow the DA to settle objections
“She needs to focus on executing the tasks of her office and allow the DA to resolve their objections with the Act using the correction channels. Failure to focus on her job might ultimately result in her being relocated to a different portfolio or removed indefinitely,” Solomon said.
While Gwarube indicated that she was committed to her portfolio, her actions said something different.
“A key example of this is her non-attendance at the signing of the Bill and her lack of public support for the Bill.
“As the minister, her office is meant to champion legislation that pertains to basic education, and it is clear that she has no intention of doing this,” Solomon said.
Solomon said Gwarube was responsible for being loyal to her role as a government minister even though she holds a significant position in the DA.
In a statement released on Monday, Sadtu General Secretary Mugwena Maluleke said there is no legal excuse for not implementing clauses 4 and 5 of the Act.
Clauses 4 and 5 are related to language and school admission policies.
“The Bela Act has not been challenged in any court of law for its constitutionality nor declared unconstitutional by any court of law.
“There was no lawful, rational, or constitutionally valid reason for not putting the two sections into operation,” he said.
No legal challenge against Bela Act
He said the process of passing the Act involved extensive consultation and took more than 10 years.
“During this period, the DA participated in the process. Similarly, when the bill was passed in Parliament, the minister who was and remains a member of parliament participated in the decisions made by parliament,” Maluleke said.
Gwarube had reached an agreement with the Solidarity movement not to implement clauses 4 and 5.
However, the Presidency said the agreement does not have any bearing on the full implementation of the Act.
