Democratic Alliance (DA) leader John Steenhuisen has warned President Cyril Ramaphosa against signing the Basic Education Laws Amendment (BELA) Bill into law, saying if he does, he will violate the letter and spirit of the joint Statement of Intent, that forms the basis of the Government of National Unity (GNU).

Ramaphosa is due to sign the BELA Bill into law on Friday, which aims to strengthen governance within South Africa's education sector.

The BELA Bill was passed in the National Assembly on May 17.

The Bill is subject to much public opposition owing to its removal of powers from parents and giving some powers to the State.

Steenhuisen revealed that during the GNU negotiations, the DA made it clear that the BELA Bill was unacceptable in its current form, citing constitutional implications for the right to mother-tongue education, amongst other issues.

The DA urged Ramaphosa to send the Bill back to Parliament for 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,” said Steenhuisen.

He warned that should Ramaphosa continue to “ride rough-shod” over objections to the Bill, he would be “endangering the future of the GNU and destroying the good faith on which it was based.”

Steenhuisen said the establishment of a dispute resolution mechanism must now be a priority to ensure that all parties uphold the letter and spirit of the Statement of Intent.

Other civil society organisations also weighed in, expressing concerns with the Bill, with the FW de Klerk Foundation and AfriForum saying they remained steadfast in their commitment to opposing the Bill.

LEGAL ACTION

Meanwhile, ActionSA and AfriForum have threatened legal action if Ramaphosa signs the Bill into law. 

ActionSA expressed disappointment with Ramaphosa's intentions to sign the Bill, however, it said it is unsurprised that despite intensive efforts by civil society, teachers, and political parties, the "flawed" Bill will be signed. 

ActionSA Parliamentary Caucus Chief Whip Lerato Ngobeni highlighted that if the DA was in an equal partnership in the "Grand Coalition", the proposed signing of the Bill ought to have been halted.

"...however, President Ramaphosa seems determined to run roughshod over the Minister of Basic Education, who is opposed to the Bill," she said. 

Ngobeni pointed out that while the Bill’s stated intentions may be "admirable", the party believes it amounts to a power grab by the Basic Education Minister, who the party said will be enabled to set a school’s language policy regardless of what a School Governing Body (SGB) decides, and limits parents’ ability to decide whether to home-school their children.

Furthermore, while the Bill proposes the "welcomed inclusion" of mandatory Grade R for all pupils, but without a clear understanding of the curriculum framework, affordability raises concerns, she added. 

"This is why ActionSA believes a full costing of mandatory Grade R should be completed before the Bill is assented by President Ramaphosa. The conducive learning environment that home-schooling provides should be recognised, and SGBs should retain control to decide the language policy of their respective schools. SGBs should also be empowered to determine and allow for religious practices at public schools while respective the rights and beliefs of all South Africans," said Ngobeni. 

ActionSA also opposed the blanket lifting of the ban on the sale of alcohol at schools proposed in the Bill.

AfriForum announced that its legal team is ready to take steps against the Bill's implementation as soon as it is signed by Ramaphosa.

AfriForum’s Head of Cultural Affairs Alana Bailey said that since the first draft of the Bill appeared in 2017, AfriForum has steadfastly objected to the articles in it which amends the right of SGBs to have the final say about schools’ admission and language policies.

Bailey pointed out that the more information about the Bill's contents became known, the more the opposition to it escalated.

AfriForum expressed disappointments, saying the signing is an "aggressive act of contempt for public opinion" that transforms the GNU into a "government of national disunity."