DA vows to 'fight with everything we've got' in court against implementation of Bela Bill

Meanwhile, the FF Plus has welcomed the three-month delay of implementation of two clauses

13 September 2024 - 16:54
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President Cyril Ramaphosa with DA leader John Steenhuisen and minister of basic education Siviwe Gwarube. File photo.
President Cyril Ramaphosa with DA leader John Steenhuisen and minister of basic education Siviwe Gwarube. File photo.
Image: ELMOND JIYANE/GCIS

The DA is sticking to its guns in fighting against the signing of the Basic Education Laws Amendment (Bela) Bill, with its leader John Steenhuisen saying papers have been prepared for a legal showdown. 

President Cyril Ramaphosa signed the bill into law on Friday but delayed the implementation of two clauses, 4 and 5, by three months to allow for further parliamentary discussions after government of national unity (GNU) partner the DA requested additional discussions on contentious clauses in parliament before implementation.

“This will give the parties time to deliberate on these issues and make proposals on how the different views may be accommodated,” Ramaphosa said. “Should the parties not be able to agree on an approach, we will proceed with the implementation of these parts of the bill.”

The DA, however, remains unconvinced and has instructed its legal team to proceed with court action.

“This means that if there is no agreement, the ANC will proceed with implementing the clauses that empower provincial departments to override school governing bodies on the issue of the language policy of schools. The DA rejects this threat by the president,” Steenhuisen said.

“We regard his approach as contrary to the spirit of the statement of intent that formed the foundation of the GNU, which requires the participating parties to reach 'sufficient consensus' on divisive issues.” 

He believed the three-month delay might be a tactic to defuse the DA's opposition before the implementation of the bill.

If this is just a delaying tactic to defuse opposition before implementing the clauses at a later point, then we will continue to fight this bill with everything we have got, including in the courts,” he said. 

Under the new law grade R will be compulsory. There are also provisions for improving school admission policies, particularly with respect to vulnerable pupils such as the children of undocumented migrants. Home schooling will be subject to more effective regulation and oversight. To promote inclusivity, the new law guides schools on the development of codes of conduct that take into account respect for religious and cultural beliefs and addresses the issue of language policy.

To improve safety in the learning environment, the legislation reinforces the ban on corporal punishment and introduces stronger penalties for those who administer it.

Steenhuisen argued that Afrikaans medium schools constitute less than 5% of the country’s schools and therefore don't contribute to the country's education crisis.

“Their existence in no way contributes to the crisis in education and turning them into dual-medium or English-medium schools will not help improve the quality of education for South Africa’s learners.

“The ANC government must stop violating the constitutional rights of parents and governing bodies in functional schools. Instead, the government should apply itself to improving the vast majority of poorly performing schools that teach through the medium of English throughout the country.”

Other political parties in the GNU, including the FF Plus, have welcomed the three-month delay of two clauses before passage.

“During the next three months' consultation process, the party will also use its influence as a partner in the GNU to remedy the objectionable sections of the law for the sake of everyone's right to mother-tongue education.

“During the upcoming talks, the FF Plus will do everything in its power to restrict the implementation of the objectionable parts of the law,” FF Plus leader Pieter Groenewald said.

Chairperson of parliament's portfolio committee on basic education Joy Maimela also welcomed the signing of the bill.

TimesLIVE


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