President Cyril Ramaphosa is under intense pressure from within the ANC to dismiss the basic education minister, Siviwe Gwarube of the DA, after weeks of tension over the Basic Education Laws Amendment (Bela) Act.
The Sunday Times understands senior party leaders this week lobbied Ramaphosa to pull the trigger on Gwarube. Sources say they expect Ramaphosa to meet with DA leader John Steenhuisen soon to discuss the possibility of finding a replacement.
DA insiders said Steenhuisen was unlikely to agree to have Gwarube replaced.
The matter is expected to cause further strain within the government of national unity.
Ramaphosa this week shifted scandal prone justice minister Thembi Simelane to the human settlements ministry, and ANC insiders say he is being pressed for another reshuffle early next year that would see Gwarube replaced by another DA leader.
Presidency spokesperson Vincent Magwenya said he was not aware of discussions about Gwarube's removal. “However, I do know that President Ramaphosa never acts irrationally, nor does he make decisions out of emotions. The effective functioning of cabinet and government as well as the stability of the GNU remain top of mind. He has repeatedly demonstrated his steady hand at the wheel when it matters the most whilst remaining decisive in the process.”
Yesterday Steenhuisen said: “No, I am not aware of this.”
But other DA insiders said he was unlikely to be keen on supporting any move to remove Gwarube.
They said the party regarded attempts to get rid of Gwarube as part of efforts by a defiant grouping in the ANC that wanted to derail the GNU.
Others argued it would be stunning for Ramaphosa to make any future changes to his cabinet so soon after this week’s “mini reshuffle.”
The developments come as the ANC has been pressuring its government deployees to stand firm against the DA's bid to amend the Bela Act. The “clearing house” — a conflict resolving mechanism with the GNU — is seen as likely to recommend that the act be implemented as is.
Ramaphosa signed the act into law in September but delayed the implementation of two clauses opposed by the DA for three months to allow for further discussions.
Gwarube shocked the cabinet last week when she announced that her department, as well as the Presidency, had reached a deal with labour union Solidarity, which also opposes the two clauses.
Ramaphosa and his deputy Paul Mashatile publicly chastised her for running a parallel structure to resolve the impasse.
In a statement, Ramaphosa's office said the agreement between Gwarube and Solidarity had no bearing — in law or practical effect — on the inclusive multiparty discussions that are under way on sections 4 and 5 of the Act.
In our view, this is a rogue minister who is a complete deviant, who doesn't take the authority of the president, who doesn't respect the president
— ANC NWC member
“Furthermore, the agreement bears no influence on the president’s powers to ultimately take a decision regarding the commencement of the act.”
Ramaphosa said he was awaiting the outcome of deliberations of different parties on the two sections.
“It must be noted that the Bela Act was duly passed by parliament and assented to by the president. It is now law. The minister of basic education is enjoined to work towards its implementation, sections 4 and 5 aside,” he said.
His deputy also sent a clear warning to Gwarube, stating that she must co-operate with the official process.
ANC insiders said Gwarube's action had been discussed during national working committee meetings where party leaders encouraged Ramaphosa to act against her.
“In our view, this is a rogue minister who is a complete deviant, who doesn't take the authority of the president, who doesn't respect the president. When she absented herself from the signing [of the Bela Act] we said steps [should] be taken but the leadership felt maybe it's too early. Now she went ahead and did something again. I don't know what the actions of the president will be but the ANC is of the view that we are dealing with a deviant and there should be consequences,” an NWC member said.
Another high-ranking ANC leader said Ramaphosa had indicated that he would have a discussion with Steenhuisen about finding another deployee for the position.
“It will happen some time early next year. She will go, yes. So, he just said he will go speak to them. He wasn't really angry, but of course it’s irritating what she keeps doing and it can’t go on like this.”
Gwarube's announcement of a settlement with Solidarity is said to have also frustrated the clearing house subcommittee, which was established for a negotiated settlement on the two clauses.
The clauses have been a bone of contention between the ANC and the DA since before they entered into a government of national unity.
The DA has threatened to take court action against the act on the grounds that the two sections violate the constitutional rights of parents and governing bodies in functional schools.
Clause 4 of the bill states that a provincial head of education may override a school’s language policy — an authority that currently lies with school governing bodies (SGBs). Clause 5 provides for provincial education department heads to control admission policies.
A GNU party leader within the clearing house said the subcommittee met twice but failed to agree on the two sections. Written submissions were now destined for the clearing house, led by Mashatile, to make a recommendation to Ramaphosa.
The insider said the DA and the FF+ were on one side, while the ANC and the GOOD party were on the other.
“Siviwe's posture has hardened attitudes. The only thing the ANC is willing to consider is that beyond HOD [heads of department], the ministry at national level, in terms of regulations, must be included to intervene where the HOD is seen to be abusing their authority, but there is no agreement with what the DA and FF+ want.
“The other problem they have is that they have no leg to stand on in law. There are two cases which have been decided by ConCourt where the department was directed to deal with the lacuna in law which the Bela Act is addressing. That is why no one wants to go to court. They want a negotiated settlement.
“The ANC is firm we must not deviate on the act. Ramaphosa will have to agree with the ANC, especially because the DA is not working in good faith, so we have all the reasons to say to the president at end of December let the law be operational in its entirety.”
An official at the Union Buildings said Gwarube was between a rock and a hard place while navigating intraparty dynamics and deserved the benefit of the doubt in trying to manage the pressure.
“She delegated her authority to sign to an adviser, you don't do that. An adviser cannot commit a government department to any agreement.
“That agreement could be taken to court and found unlawful by virtue of it being signed by an adviser. She is inexperienced,” the official said, adding that Gwarube erred in signing off on a joint statement with the president's office without alerting it.
The official conceded that Presidency officials responded to the section 77 notice from Solidarity without a consideration of the politics.
“Their immediate response, which is an administrative response, was that you can't have strike action on the eve of matric exams.”
A DA leader said they believed the bill would be implemented in its entirety, while defending Gwarube's actions.
“At the end this whole thing will be implemented. It's just a matter of how do you stage it, do you accompany it with regulations? Even if you read the Nedlac agreement, the unsaid story is that these guys have lost the fight.
“The recommendations by Gwarube are simply to say 'when we are going to commence with this let it be accompanied by regulations that give further clarity with the sections'. That is it. It feels like a storm in a teacup. There is no compromise necessary except for a delay,” they said.
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