By Lehlohonolo Lehana.
AfriForum and Solidarity intends to take legal action against the government over the promulgation of the Basic Education Laws Amendment (BELA) Act.
In December last year, President Cyril Ramaphosa signed a proclamation authorising the Act’s full implementation, including contentious clauses opposed by AfriForum, Solidarity and SCS.
In a statement on Thursday (16 January), the three groups said the Act’s promulgation in its entirety was irrational.
The organisations claimed that Ramaphosa acted “irrationally and in breach” of various agreements by promulgating the Act in its entirety, on December 20, 2024, without considering the recommendations of Minister of Basic Education Siviwe Gwarube, who also co-signed the proclamation despite her recommendations to the contrary.
Gwarube recommended that the implementation of the language and admissions policy be postponed owing to the absence of appropriate norms and standards.
The organisations also highlighted that Gwarube acted “irrationally”, because she co-signed the promulgation notice, acting against her own recommendation two weeks prior that the Act must not be promulgated in its entirety.
Gwarube also made recommendations to Ramaphosa that would have afforded protection to, among other things, mother language education and Afrikaans schools, said the organisations.
“The promulgation of the Bela Act in its entirety is an act of aggression by the government against Afrikaans schools and children. The promulgation indicates that the African National Congress (ANC) is busy turning the Government of National Unity (GNU) into the government of national disagreement that aims to coopt parties like the Democratic Alliance (DA) and Freedom Front Plus (FF+) to help the ANC carry out its policy,” said AfriForum CEO Kallie Kriel.
Solidarity COO Dr Dirk Hermann indicated that his organisation was “unpleasantly surprised” to see that the Bela Act was promulgated in its entirety, without any of the conditions the Minister recommended to the President.
Hermann viewed the promulgation as a “dishonourable breach” of the agreement that the government signed with Solidarity at the National Economic Development and Labour and Council.
The Constitution and case law confirm that the Minister’s recommendation, as the person responsible for implementing 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 Act’s enactment so that the necessary steps can be taken to implement the Act effectively,” he explained.
SCS CEO Leon Fourie said Ramaphosa provided no explanation for ignoring Gwarube’s recommendations and the agreements reached.
“It appears that the President’s irrational promulgation of the Bela Act in its entirety succumbed to the political pressure from the anti-Afrikaans elements within the ANC, “he highlighted.
All three organizations have now sent “legal letters” to Ramaphosa and Gwarube with an ultimatum to “resolve the dispute” within 10 days or face legal action.
“The promulgation indicates that the ANC is busy turning the government of national unity into the government of national disagreement that aims to coopt parties like the DA and FF+ to help the ANC carry out its policy,” said Kriel.