By Johnathan Paoli
Solidarity, AfriForum and the Support Centre for Schools (SCS) under the Solidarity Movement have initiated legal proceedings against the complete promulgation of the Basic Education Laws Amendment (Bela) Act, citing irrationality and the breech of agreements.
The three organisations came together on Thursday and contended that President Cyril Ramaphosa and Basic Education Minister Siviwe Gwarube acted contrary to prior commitments and legal norms.
The controversy centres on the promulgation of the Act in its entirety, despite recommendations from Gwarube to delay implementing the language and admission clauses due to the lack of established norms and standards.
According to the organisations, the minister’s earlier recommendation at the National Economic Development and Labour Council aimed to safeguard mother-tongue education, particularly for Afrikaans-speaking learners, and to ensure a more orderly implementation process.
They told reporters that legal letters have been sent to both Ramaphosa and Gwarube, arguing that their actions were irrational. They have given the government 10 days to resolve the issue, failing which they will proceed to court.
Solidarity Movement head of operations Werner Human emphasised that the institutions within the movement also planned to advocate for fair norms and standards in the forthcoming regulations governing language and admission policies for schools.
“The institutions of the Solidarity Movement also reserve the right to take legal action against the unconstitutionality of the Bela Act itself as well upon completion of the legal action against the promulgation notice,” Human added.
AfriForum CEO Kallie Kriel criticised the government’s actions, describing the promulgation as an act of aggression against Afrikaans schools and learners.
He accused the African National Congress of undermining national unity and fostering discord by ignoring agreements and excluding protections for Afrikaans and mother-tongue education.
“The promulgation is an indication that the ANC is turning the Government of National Unity into a government of national disunity that seeks to simply co-opt parties like the Democratic Alliance and Freedom Front Plus to help the ANC in implementing its policy,” Kriel said.
Similarly, Solidarity CEO Dirk Hermann expressed dismay at what he called a breach of trust by the government.
“The Constitution and case law confirm that the minister’s recommendation, as the person responsible for the implementation of the Act, carries weight. The promulgation of a law is not the sole task of the President.
“The purpose of the minister’s recommendations is to postpone the implementation of the Act so that the necessary steps can be taken to implement the legislation effectively,” Hermann said.
SCS CEO Leon Fourie added that the president’s failure to provide reasons for disregarding the minister’s recommendations suggested political motives driven by anti-Afrikaans factions within the ANC.
“It therefore appears that the president’s irrational promulgation of the Bela Act in its entirety succumbed to political pressure from the anti-Afrikaans elements in the ANC,” Fourie said.
While challenging the promulgation notice, the Solidarity Movement is preparing to monitor and influence the drafting of norms, standards and regulations to prevent misuse of the law.
The organisations said that their aim was to ensure that the regulations included provisions to curb the abuse of power and protect Afrikaans schools.
The department and the Presidency were not available for comment at the time of publishing.
INSIDE EDUCATION
