BELA Bill to be signed into law, DA warns it could derail GNU

The Presidency has announced President Cyril Ramaphosa will sign the controversial Basic Education Laws Amendment Bill into law on Friday at the Union Buildings, prompting DA leader John Steenhuisen to warn that the future of the Government of National Unity may be in jeopardy, should Ramaphosa proceed.

Steenhuisen has asked Ramaphosa to send the Bill back to Parliament instead, to make certain amendments before he signs it into law.

Some civil society organisations have also brought challenges to the BELA bill, arguing it has constitutional implications for the right to mother-tongue education, amongst other issues.

The Presidency says the BELA bill aims to strengthen governance within South Africa’s education sector.

It amends sections of the South African Schools Act of 1996 (SASA) and the Employment of Educators Act, 1998 (EEA) to account for developments in the education landscape since the enactment of the original legislation.

The Presidency says these amendments are a response to court judgments that protect and give effect to the Bill of Rights.

But the DA says Ramaphosa violate both the letter and spirit of the joint Statement of Intent, that forms the basis of the Government of National Unity, if he signs the Bill into law.

Leader John Steenhuisen says during the negotiations, the DA made it clear that the BELA Bill was unacceptable to his party in its current form, because it has constitutional implications.

The DA urged President Ramaphosa to send the Bill back to Parliament for what Steenhuisen calls ‘a few simple amendments to bring it in line with the Constitution.’

‘Despite this, and in violation of the provisions of the Statement of Intent, the President seems intent on pushing ahead unilaterally. I have moved urgently to meet the President before Friday to re-iterate our objections in the strongest terms. I will also submit to him the simple amendments the DA requires, and urge him to use his powers to send the Bill back to Parliament.’

Steenhuisen has now warned if the President continues to ‘ride rough-shod over these objections’, he is endangering the future of the Government of National Unity, and ‘destroying the good faith on which it was based.’

RELATED: WCED opposes BELA Bill

Civil Society organisations Afriforum and Solidarity, together with the so-called Solidarity Support Centre for Schools (SCS), teamed up earlier this year to launch a major legal battle against the BELA Bill, after it was approved by the National Council of Provinces.

The chief executive of Solidarity, Dirk Hermann, says while they would have liked to resolve the dispute in a more amicable manner, the government’s insistence on ‘control over specifically schools’ language and admissions policy ensures that legal action is the only way out.’

‘It is unfortunate that the relationship between communities and the government must be regulated in court. A court battle is not beneficial for relationships. However, Solidarity is practiced in court matters – we are ready for the court battle. After all, the court is the great equaliser.’

The organisations are of the view that the bill will violate Afrikaans children’s right to mother tongue education and it will irrevocably disrupt the balance of power that should exist between schools’ governing bodies and the government.