Solidarity, Afriforum Threaten Legal Bid Against Bela Act Promulgation

Civil society groups Solidarity, AfriForum and Solidarity Support Centre for Schools SCS have issued a legal ultimatum to President Cyril Ramaphosa and Basic Education Minister Siviwe Gwarube over the promulgation of the Basic Education Laws Amendment BELA Act .

In December last year, Ramaphosa signed a proclamation authorising the Acts full implementation, including contentious clauses opposed by Solidarity, AfriForum and SCS.

In a statement on Thursday 16 January, the three groups said the Acts promulgation in its entirety was irrational.

President Cyril Ramaphosa acted irrationally and in breach of various agreements, as well as a recommendation by the Minister of Basic Education, Siviwe Gwarube, by promulgating the BELA Act in its entirety, they claimed.

Gwarube recommended that the implementation of the language and admissions policy be postponed due to the absence of appropriate norms and standards.

The Minister has also acted irrationally because she co-signed the promulgation notice and therefore acted against her own recommendations of barely two weeks prior to Ramaphosa that this Act must not be promulgated in its entirety.

The groups were referring to an agreement signed by Solidarity and Gwarube at the National Economic Development and Labour Council NEDLAC in November.

"In terms of the settlement, the controversial sections in the BELA Act will no longer be implemented on 13 December," Solidarity claimed shortly after signing the agreement.

"Norms and standards and national policies and regulations must first be developed which will, among other things, determine that schools which are running at their full capacity may not receive instructions to change their language and admission policy."

Matsietsi Mekoa, the Presidency's Deputy Director-General for Corporate Management, also signed a related settlement on behalf of the Presidency.