The National Economic Development and Labour Council (Nedlac) said the agreement reached by Minister of Basic Education and the Solidarity union on the Basic Education Laws Amendment Act (BELA) is only binding on those parties who were part of the settlement.
IOL reported on Monday that President Cyril Ramaphosa has noted the settlement agreement between the minister and Solidarity regarding the the law, which has been a major bone of contention.
While the Act was passed by Parliament in October 26, 2023, and assented to in September, the implementation of sections 4 and 5 have been delayed by three months to allow for multi-party discussions and proposals on resolving the disputes.
Lisa Seftel, Nedlac executive director said the agreement reached by Solidarity and the department is binding, but only to the parties which signed it.
“The agreement is only binding on the parties. The agreement does not bind the parliamentary process, or the GNU (Government of National Unity) process or the president, or the clearing house, or the deputy president, or anybody else for that matter,” Seftel said in an interview with broadcaster Newzroom Afrika.
“It is an agreement between Solidarity and the minister of Basic Education (Siviwe Gwarube) about the issues that she should raise with the president as a solution to this matter.”
Seftel clarified that the Labour Relations Act allows a union like Solidarity to raise the specific dispute, as the union did, and for the matter to be deliberated on at Nedlac.
Over the weekend, while on the campaign trail in Limpopo, Ramaphosa said the Act would commence if the deadline of December 13 arrives without an amicable solution.
“In the end, as the president I signed the bill and I have given three months for solutions to be found. Those solutions have to be credible, and they have to be solutions that everyone buys into.
“My resolve in having given people an opportunity to find solutions should never be abused. It should never be diverted. It should never be downplayed,” Ramaphosa spoke to journalists while flanked by ANC top officials in Thabazimbi where he was leading an ANC by-election campaign.
“I am quite resolute in saying that come the 31st of December if there is no solution what I signed into law is activated. There must be a rush to finalise that in a credible way, in a way that has integrity and is broadly acceptable by everyone.”
Seftel said Nedlac’s understanding was that the agreement reached at the council would be used as input into the ongoing GNU process which seeks an amicable solution on the matter.
“Solidarity reminded us that they are not in the GNU, that is why they wanted to use power, they wanted to go on a protest action.
“Yes, there there is nothing in this agreement that binds the parties in the GNU. The parties in the GNU need to find a solution and as the president said, they need to find that solution within the month of December,” Seftel said.
Seftel said the Presidency participated in the Nedlac engagements where the agreement between the Department of Basic Education and Solidarity was reached.
The Star