Sara-Jayne Makwala King11 December 2024 | 9:40

South African Democratic Teachers' Union threatens strike action over BELA Act

SADTU demands President Cyril Ramaphosa implement the controversial sections 4 and 5 of the BELA Act by this Friday, or they will strike.

 South African Democratic Teachers' Union threatens strike action over BELA Act

A banner calling for the Basic Education Laws Amendment Act to be stopped is seen at a protest at the Voortrekker Monument in Pretoria on 5 November 2024. Picture: Thabiso Goba/EWN

Africa Melane is joined by Nomusa Cembi of the South African Democratic Teachers’ Union (SADTU).

Listen below.

As the deadline for consultations on Sections 4 and 5 of the BELA Act looms, the South African Democratic Teachers’ Union (SADTU) has sent an urgent letter to President Cyril Ramaphosa demanding that he puts these sections in operation by or no later than Friday (13 December).

If the President does not comply, the Union says it will be forced to take strike action and head to court.

Clause 4 of the Act gives the Department of Basic Education greater control over admissions policy and Clause 5 compels the school governing body to submit the school’s language policy to the provincial head of department for approval.

The clauses have proved divisive and have been the subject of much controversy and debate.

"We believe these clauses are lawful and correct... there was no basis in fact or law for him to refer it back to Parliament, and he didn't do so, and the Act has not been challenged for its constitutionality and has not been declared unconstitutional."
- Nomusa Cembi, SADTU

SADTU says it believes the decision to postpone the implementation of these sections was to placate the Basic Education Minister Siviwe Gwarube and her party, the Democratic Alliance (DA).

"We were not invited to make our views heard. We only saw AfriForum and Solidarity being consulted which we felt was totally unfair."
- Nomusa Cembi, SADTU

Cembi says if their demands are not met, any legal action taken by SADTU would be on the grounds of the constitutionality of the extended consultation period of the two clauses.

"We feel he [President Ramaphosa] did not use the correct processes. He should have taken the matter back to the National Assembly or gone to the Constitutional Court if he felt there were matters in the Act which were not Constitutional."
- Nomusa Cembi, SADTU

Scroll up to the audio player to listen to the interview.