Address by President Cyril Ramaphosa at the signing into law of the Basic Education Laws Amendment Bill, Union Buildings, Tshwane

Programme Director,
Deputy Minister of Basic Education, Dr Regina Mhaule,
Premier of Gauteng, Mr Panyaza Lesufi
MECs of Basic Education,
Members of Parliament,
Director-General of Basic Education, Mr Hubert Mathanzima Mweli,
Representatives of School Governing Body associations,
Officials,
Distinguished Guests,
Ladies and Gentlemen, 

Earlier today, South Africans woke to the sad news of the passing of former Minister Pravin Gordhan. 

He was one of the most principled and courageous freedom fighters that our nation has known.

We extended our condolences to his wife Vanitha, his daughters Anisha and Priyesha, and to his family, friends, colleagues and comrades.

Pravin Gordhan dedicated his life to the struggle for freedom. 

He fought to liberate this country from the shackles of apartheid, from inequality, from poverty and from hunger.

He was driven by a vision of a society in which all people may achieve their full potential and in which all may realise their dreams.

Today, we will witness the signing into law of the Basic Education Laws Amendment Bill.

In doing so, we will be affirming the vision of a just and equal society to which Pravin Gordhan dedicated his life.

The signing of this Bill marks an important step towards resolving longstanding challenges in our education system. 

It was President Nelson Mandela who said that it is not beyond our power to create a world in which all children have access to a good education. 

This law is part of our ongoing effort to create such a world.

Since the advent of democracy we have made notable progress in expanding access to education for the children of our country.

However, barriers to access still remain.

In many respects, education outcomes fall short of what our society needs and what the young people of our country deserve.

Our Constitution enshrines the right of all to a basic education. 

It requires that, when advancing this right, consideration be given to equity, practicability and historical redress. 

As a country we are signatory to global treaties that oblige us to advance universal access to education. 

This means that all people should have equal opportunity to access education, regardless of their race, ethnicity, gender, sexual orientation, religion, or physical or mental impairment. 

This means that primary education should be free and compulsory. 

Education must be the instrument through which we uplift our nation.

It must be the instrument through which we overcome poverty, inequality and underdevelopment. 

Despite the progress that has been made, there are challenges in basic education that hinder our progress.

We have seen cases of learners being denied admission to schools because of their language policies.

We have had cases of children not being allowed back to school or to sit exams because their parents cannot pay school fees.

We have seen great disparities in norms and standards, in governance and in access to resources.

The Basic Education Laws Amendment Bill seeks to address these challenges.

The Bill is part of the state’s ongoing efforts to build an education system that is more effective and more equitable. 

The passage of this Bill follows an extensive consultation process that sought to take account of views and suggestions from across society. 

Consultation, engagement and debate are defining features of our democracy.

They enrich the policies that are adopted and the laws that are passed.

The law that we are signing today further opens the doors of learning.

It lays a firm foundation for learning from an early age.

Grade R, the reception year before Grade 1, will now be compulsory. 

This will enhance our focus on Early Childhood Development.

It will ensure young children are better prepared for formal schooling. 

The law requires schools to apply the same standards for the admission of learners.

The Bill contains provisions for improving school admissions policies, particularly with respect to vulnerable learners, like the children of undocumented migrants. 

The legislation promotes greater accountability with respect to the role of parents and caregivers in ensuring children attend school consistently. 

Home schooling will now be subject to more effective regulation and oversight. 

To promote inclusivity, the new law guides schools on the development of codes of conduct that take into account respect for religious and cultural beliefs. 

This is important for fostering a more tolerant learning environment – and a more tolerant society. 

As part of advancing diversity and inclusion, the new legislation addresses the issue of language policy. 

Schools have to consider the broader linguistic needs of the communities in which they are situated. 

The law seeks to align the role of the School Governing Body in determining language and admission policies with the responsibility of provincial education departments to ensure the constitutional right to basic education. 

It seeks to ensure uniformity and fairness in educational standards across all schools.

To improve safety in the learning environment, the legislation reinforces the ban on corporal punishment. 

It introduces stronger penalties for those who administer corporal punishment.

The legislation introduces financial and public accountability frameworks for School Governing Bodies. 

It guides the oversight of their activities and work. 

There has been much debate about this Bill. 

Different views have been sharply expressed.

In the last few days, the parties to the Government of National Unity have expressed their wish to further engage each other on sections of the bill that deal with issues of admission and language.

In the spirit of cooperation and meaningful engagement, I have decided to delay the implementation date for clauses 4 and 5 of the Bill by three months.

This will give the parties time to deliberate on these issues and make proposals on how the different views may be accommodated. 

Should the parties not be able to agree on an approach, then we will proceed with the implementation of these parts of the Bill.

In making this decision, I am drawing on a tradition of engagement that goes back many years, including to the drafting of the new Constitution.

At the time of the drafting of the new Constitution, we had to resolve seemingly intractable differences over issues such as the right to strike, language, education and land.

On these matters, we found each other. And I believe we can do so again. 

Whatever our disagreements, we all seek a better, more efficient, more equitable education system that best serves the children of South Africa. 

We all agree on the need for a common framework for collaboration as government, as school governing bodies and as parents. 

For our education system to work for all, we have to work better, smarter and in a more cooperative manner. 

Let all of us work together to ensure that all our children receive good quality education, wherever they are and whatever their circumstances. 

It is our responsibility to create social cohesion and harmony.

Let us take advantage of our diversity to move our country forward. 

Let me take this opportunity to thank all those who participated in the process towards the passing of this important law. 

Let us now work together to build the education system that our children need and deserve.

I thank you.