With the 5 September deadline looming, Sadtu and Naptosa say they are finalising their positions on the Bela Act regulations.
The country’s leading teacher trade unions are still consulting on the new dual sets of regulations pertaining to the Basic Education Law Amendment (Bela) Act recently gazetted by Minister of Basic Education Siviwe Gwarube.
The South African Democratic Teachers Union (Sadtu) and the National Profession Teachers Organisation of SA (Naptosa) appear to be in no hurry, despite the deadline of 5 September being around the corner.
The minister issued the regulations for public comments on 6 August and the public has until 5 September to submit their comments.
Focus on admissions and school capacity
The two sets of regulations deal with school admissions and the determination of school capacity.
The admissions and capacity draft regulations are the first instalment in the process.
Instead of releasing all the regulations at once, the minister opted for a “modular release approach”.
She promised a public awareness campaign would be launched to enable the public to make informed comments.
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Key issues raised in the regulations
Among issues discussed in the regulations are proof of immunisation before the enrolment of a pupil, admission refusal, language and curricula preferences, classroom capacity and pupil-teacher ratios, special education needs and school zoning or admission of non-South Africans or children of undocumented immigrants.
Dear South Africa (DearSA), a civil society organisation that facilitates public comments on public legislative and policy issues, noted the short time remaining.
DearSA managing director Rob Hutchinson encouraged the public to make submissions.
Deadline pressure for public submissions
Public comments should be submitted to parliament for consideration by the portfolio committee on basic education before the deadline.
Some people are using the DearSA website platform. Both Sadtu and Naptosa said they would make comprehensive comments later.
Naptosa executive director Basil Manuel said the teacher unions were involved in drafting the regulations and were consulted by the department of basic education.
“We are working on our response, but the fact that we were part of the drafting process doesn’t mean we agree with everything that has been published around the admissions and capacity.
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Teacher unions consult their members
“We are just happy that the regulations were published at all, but we are worried about the passage of time without the other regulations being made public,” Manuel said.
Manuel said Naptosa was consulting broadly with members before formulating a comprehensive report.
The union would hold a webinar soon to discuss the matter and hear the views of members. It would have wrapped up its position by 27-28 August and then make an announcement.
Sadtu general secretary Mugwena Maluleke said the union’s response would be ready as soon as their lawyers had finished it.
Bridging the gap
Gwarube was expected to formulate regulations after the Bela Act was passed and signed by President Cyril Ramaphosa in May last year.
The regulations are the last hope to bridge the gap between parties which disagreed on the passing of the controversial legislation.
The DA and Freedom Front Plus opposed the Act. But soon after the regulations were gazetted on 5 August, the DA welcomed them.
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