Staff Reporter
Despite concern over its controversial intentions, there were no problems with the constitutionality of specific provisions of the Basic Education Laws Amendment (BELA) Bill, according to the government’s chief legal advisor.
Advocate Zuraya Adhikarie, the Chief Legal Adviser for the government’s Constitutional and Legal Services Office, said it received a request from the committee to advise on the legislative procedure following provincial public hearings and the constitutionality of specific provisions of the BELA Bill.
Last week, Adhikarie told the Portfolio Committee on Basic Education that clauses 4 and 5 of the Basic Education Laws Amendment (BELA) Bill did not traverse or deal with the principle of separation of power.
Adhikarie said the two clauses clarified the responsibilities and autonomy of the three-tier partnership initially envisaged by the Schools Act and were verified as correct in the judgments pronounced on the issues of admissions and language policy at schools.
She said their office received a request from the committee to advise on the legislative procedure following provincial public hearings and the constitutionality of certain provisions of the BELA Bill.
She said that, concerning meetings of the committee they had attended, the BELA Bill was still pursuing the correct legal process, in line with sections 29 and 76 of the Constitution.
“The motion of desirability taken on the bill after clause-by-clause deliberations points to the fact that the committee desires to proceed with the bill. The committee must proceed with the bill and adopt a report on it, and the bill itself, and refer these to the National Assembly in line with the relevant rules of Parliament,” she said.
Concerning the first part of the legal question, the committees considering Bills must consider a motion of desirability regarding NA rule 286(4)(i). The motion must be proposed after due deliberation. In other words, based on the Bill’s contents and the Committee’s deliberations, the Committee must decide whether it wants to proceed with the Bill. If the Committee adopts the motion, it must proceed to deliberate on the details of the legislation.
The committee was told that the motion of desirability taken on the Bill after the clause-by-clause deliberation points to the fact that the Committee desires to proceed. Hence, the Committee must proceed with the Bill adopt a report on the Bill and the Bill itself and refer these to the National Assembly in line with the relevant Rules of Parliament.
INSIDE EDUCATION
