A view of an empty classroom showing the chalkboard and chairs and tables File Picture: Jacques Naude Independent Newspapers
President Cyril Ramaphosa finds himself in the middle of a tug-of-war over the finalisation of the Bela Act with the South African Democratic Teachers Union (Sadtu) threatening to strike if it is amended while other organisations have threatened to take him to court if he implements the disputed clauses.
Ramaphosa signed the act into law on September 13 but due to opposition from the DA, delayed the implementation of clauses four and five for three months – until this Friday – to allow for negotiations with parties in the Government of National Unity (GNU).
Clause four of the Basic Education Laws Amendment (Bela) Act relates to the provincial department being responsible for the admission of pupils into a public school, taking away the responsibility of school governing bodies (SGB), while clause five sees the power of determining a school’s language policy move from the SGB to the provincial department.
Sadtu general secretary Mugwena Maluleke said that the people of the country had spoken and that they expected Ramaphosa to implement the law in full.
“The people of this country have spoken so you cannot then undermine them. The president has allowed this situation because he delayed the implementation of certain clauses but he should not have done that.”
Maluleke said Ramaphosa was meant to take a stance but did not do so.
“The minister of education (Siviwe Gwarube) is not accountable to the DA but is accountable to the people of our country. The president kept quiet and said this is not an issue and now we are discussing the issue again … because the education portfolio was handed to them and therefore she (Gwarube) feels she can do as she wishes,” Maluleke said.
He said Sadtu was considering embarking on a strike when schools return next year if the Bela Act is amended.
“Our decision to go on strike is informed by the fact that there are a lot of things that we are not getting answers to, including from the president himself.
“We are always open for consultation but the president should implement the law fully while we consult.”
Basil Manuel, the executive director of the National Professional Teachers Organisation of South Africa (Naptosa) said the teachers union expected Ramaphosa to implement the contentious clauses.
He said while there are aspects of the Bela Act that Naptosa would have preferred to see handled differently, the organisation is willing to accept them.
He emphasised their strong support for the issue of access, which remained a key priority for Naptosa.
Solidarity’s spokesperson Werner Human said Ramaphosa should not promulgate clauses four and five of the Bela Act.
“The role of the president is indeed to assent and proclaim legislation but it is the role of the minister (Gwarube) to make recommendations on the readiness of any provision before it becomes promulgated into law.
“Our view is that these particular sections of the Bela bill are not ready for implementation as there are risks involved, especially in the disputed provisions.”
Human said these risks will ultimately offend the Constitution and therefore certain norms and standards and regulations must be created and the wording of clauses four and five can be reassessed.
“Our hope is that he does not promulgate clauses four and five and should he continue and ignore recommendations from the minister, we will have very strong legal grounds to challenge it.
“We hope he will, in the spirit of the Constitution, postpone as there is no negative side in doing this and we should have sufficient time to prepare and see what can be done in the impasse regarding the disputed clauses,” Human said.
AfriForum CEO Kallie Kriel said they would go to court if Ramaphosa went ahead and signed the disputed clauses into law.
“I think the president needs to postpone and consult further as this is an opportunity for norms and standards as well as regulations to be drawn up. If it is promulgated now then it is not supported by norms and standards and regulations and this cannot be … the best thing will be to allow time for the processes to take its course,” Kriel said.
Meanwhile, DA leader John Steenhuisen said yesterday that the party rejected any “attempt by a faction of the ANC to influence the president to fire Gwarube, or any other DA minister, for doing their jobs”.
Steenhuisen was responding to reports that Ramaphosa was under pressure from within the ANC to dismiss Gwarube after weeks of tension over the Bela Act.
He said should Ramaphosa fire Gwarube or any other DA minister for doing their job, then “doing so would signal an end to the Government of National Unity (GNU)”.
“We have been clear since the outset. We are in government to bring about positive change, including inclusive economic growth, and jobs, and at all times we are guided by the rule of law, and the Constitution of South Africa.
“Anything to the contrary will not be tolerated,” Steenhuisen said.