Lobby groups AfriForum, Solidarity, and the Solidarity School Support Centre (SOS) have commenced legal action against promulgating the Basic Education Laws Amendment (Bela) Act.
According to these organisations, President Cyril Ramaphosa acted irrationally and contrary to various agreements and a recommendation from the Minister of Basic Education, Siviwe Gwarube, by promulgating the Bela Act in its entirety on 20 December 2024.
Gwarube had recommended that the implementation of the language and admission clauses of the Act should be postponed due to the absence of appropriate norms and standards. This, after implementation of parts of the Act were halted for three months pending consultation.
AFRIFORUM CHALLENGES FULL IMPLEMENTATION OF BELA ACT
According to these organisations, Gwarube also acted irrationally by co-signing the promulgation notice, contrary to her recommendations to Ramaphosa barely two weeks earlier that the law should not be fully promulgated.
The organisations said the minister also made recommendations to Ramaphosa that could provide certain protections to, among other things, mother-tongue education and Afrikaans schools.
AfriForum, Solidarity, and the SOS, which are all part of the Solidarity Movement, have already sent legal letters to Ramaphosa and Gwarube, respectively, pointing out that the signing of the promulgation notice is irrational. The president and the minister have ten days to resolve the dispute. If no solution is reached, the parties will have to go to court.
AfriForum CEO Kallie Kriel, the promulgation of the Bela Act is an act of aggression by the government against Afrikaans schools and children.
“The promulgation indicates that the ANC is busy transforming the government of national unity into a government of national discord that seeks to simply co-opt parties like the DA and FF+ to help implement the ANC’s policy,” Kriel added.
Solidarity’s CEO, Dr. Dirk Hermann, also indicated that his organization was unpleasantly surprised to see that the Bela Act was promulgated in its entirety without any conditions, as recommended by the minister to the president.
Hermann said the promulgation was a dishonorable breach of the government’s agreement with Solidarity at Nedlac.
“The Constitution and case law confirm that the minister’s recommendation carries great weight as the person responsible for implementing the law.
“The promulgation of a law is not the sole task of the president. The purpose of the minister’s recommendations is to postpone the law’s implementation so that the necessary steps can be taken to implement the legislation effectively,” Hermann said.
RAMAPHOSA ACCUSED OF IGNORING RECOMMENDATIONS
According to Leon Fourie, CEO of the SOS, the president did not give any reasons for simply ignoring the minister’s recommendations and agreements that were reached.
Fourie said that, therefore, it appears that the president’s irrational promulgation of the Bela Act has entirely succumbed to the political pressure of the anti-Afrikaner elements in the ANC.
In response, Gwarube said in terms of her obligations, they are going ahead with the full implementation of the BELA Act.
DO YOU THINK AFRIFORUM AND SOLIDARITY WILL SUCCEED IN THEIR QUEST TO HALT THE FULL IMPLEMENTATION OF THE BELA ACT?
Let us know by clicking on the comment tab below this article or by emailing info@thesouthafrican.com or sending a WhatsApp to 060 011 021 1. You can also follow @TheSAnews on X and The South African on Facebook for the latest news.
