The Basic Education Laws Amendment (BELA) Act has come into full operation after President Cyril Ramaphosa authorised the implementation on Friday.
This is despite the strong opposition expressed by parties in the government of national unity (GNU), particularly the Democratic Alliance (DA).
DA federal chairperson Helen Zille said the party objected to clauses 4 and 5 on the Basic Education Laws Amendment (BELA) Act, claiming they are "unnecessary" and part of a retaliatory plot against Afrikaans.
The BELA Act was signed into law in September, but President Cyril Ramaphosa delayed the execution of two of its sections, clause 4 and 5 to allow more consultation on them.
Clause 4: seeks to amend sections of the South African Schools Act (SASA). It provides for an admission age, despite the age at which school attendance is compulsory.
As stipulated in section 3(1), a parent may, if he or she so wishes and subject to a few conditions, enroll a child in a school to start attending grade R at a younger age.
Provided that, if a school has limited capacity for admission to Grade R, preference must be given to learners who are subject to compulsory attendance.
It provides that the governing body of a public school must submit the admission policy of the school to the Head of Department for approval.
Clause 5: Seeks to amend section 6 of the SASA to provide for the governing body to submit the language policy of a public school, and any amendment thereof, to the Head of Department for approval.
In a statement, Ramaphosa said he has instructed the Minister of Basic Education, Siviwe Gwarube to see to the full implementation of the BELA Act.
"I have also instructed the Minister to do what is necessary, as is customary with any law, to ensure that the timeframe of implementation – particularly with regard to the preparedness of the system for universal Grade R access – and the consequential regulations setting out the norms and standards are prepared.
"All bodies and all officials responsible for the implementation of this Act are required at all times to act in accordance with the Constitution, the law and the relevant policies and regulations," said Ramaphosa.
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