Solidarity, AfriForum and the Solidarity Support Centre for Schools (SCS) started legal action against the promulgation of the BELA Act.
According to these organisations, President Cyril Ramaphosa acted irrationally and contrary to various agreements as well as a recommendation by the Minister of Basic Education, Siviwe Gwarube, by promulgating the BELA Act in its entirety. Gwarube recommended that the implementation of the language and admission clauses in the Act be postponed due to the absence of appropriate norms and standards.
According to these organisations, the minister also acted irrationally by having co-signed the promulgation notice contrary to her own recommendations to Ramaphosa of barely two weeks earlier that this Act should not be promulgated in its entirety. The Minister also made recommendations to Ramaphosa that would have afforded protection to, among other things, mother tongue education and Afrikaans schools.
Solidarity, AfriForum and the SCS, all part of the Solidarity Movement, already issued legal letters to Ramaphosa and Gwarube respectively, pointing out that the signing of the promulgation notice is irrational.
In terms of the legal letters, the Minister and the President have ten days to resolve the dispute. If there is no solution, the parties have no other choice but to go to court.
According to AfriForum Chief Executive Kallie Kriel, the promulgation of the BELA Act in its entirety is an act of aggression by the government against Afrikaans schools and children. “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 coopt parties like the DA and FF+ to help the ANC in implementing its policy,” Kriel added.
Solidarity Chief Executive 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 as recommended by the Minister to the President. According to him, the promulgation is a dishonourable breach of the agreement the government signed with Solidarity at Nedlac. “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.
According to Leon Fourie, chief executive of the SCS, the President provided no reasons why he had simply ignored the Minister’s recommendations and agreements that had been reached. “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.
Werner Human, the Solidarity Movement’s Head of Operations, indicated that, apart from the legal action being taken against the BELA Act’s promulgation notice, the institutions belonging to the Solidarity Movement will also focus on helping to ensure that the norms and standards and the regulations on the language and admission policies of schools, which must now be drafted by the Minister of Basic Education, contain provisions that will attempt to help prevent abuse of power by education officials and the targeting of Afrikaans 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.
Click here for the Letter of Demand for both the President and the Minister.
