Presidential spokesperson Vincent Magwenya on Wednesday warned party leaders against threatening the stability of the Government of National Unity (GNU), over a dispute over the Basic Education Laws Amendment (BELA) Bill.
This after Democratic Alliance (DA) leader John Steenhuisen warned President Cyril Ramaphosa against signing the Bill into law, saying if he does, he would be violating the letter and spirit of the joint Statement of Intent, that forms the basis of the GNU.
Rampahosa is due to sign the Bill into law on Friday, during a ceremony to be held at the Union Buildings in Pretoria.
The Bill is subject to much public opposition owing to its removal of powers from parents and giving some powers to the State.
Magwenya said it was “disturbing” that there were threats to the stability of the GNU when there was a dispute, saying this would affect the stability of the country.
“It [GNU] is not there for the benefit of any individual political leader; it has been formulated for the benefit of all South Africans. It is, therefore, important that leaders exercise a level of restraint when there are issues of dispute,” he said.
Magwenya pointed to Section 79(1) of the Constitution, which says the President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.
He said according to the Constitutional Court case in Doctors for Life International v Speaker, the President cannot refuse to sign the Bill for political reasons.
The only grounds on which the President could refuse to sign the Bill was constitutional reservations, Magwenya stated.
“This means that the President needs to apply his or her mind to evidence and submissions before him and make an independent determination on the constitutionality of the legislation,” Magwenya added.
He noted that the President’s assent of the BELA Bill followed “rigorous and inclusive” public consultation and parliamentary deliberation on the draft legislation before it was passed by Parliament, and said there was no provision in the Constitution for the President’s decision to be subject to negotiation or agreement with any other party or individual.
Magwenya added that there would be a dispute resolution mechanism established for the GNU, explaining that when there were concerns about legislation, political parties or individuals could take the Bill to the Constitutional Court for clarification, or parties represented in Parliament could pursue amendments to the Bill.
COMMITMENTS AND COLLABORATIONS
He said Ramaphosa was “not entirely surprised” that there was a dispute regarding the Bill, and said the President anticipated many other disputes in future, however, Magwenya said Ramaphosa expected maturity and ongoing commitment to the country, without threats to the stability and sustainability of the GNU.
Political party leaders would be given an opportunity to express their concerns on Wednesday evening, Magwenya said, during a dinner, hosted by Ramaphosa with signatories to the GNU, with the aim of providing an opportunity for a review on the functioning of the GNU so far and to discuss, in detail, the formulation of a dispute resolution mechanism.
Magwenya assured that Ramaphosa remained firmly committed to engaging fully and openly with parties in the GNU on this or any other matter of concern.
He announced that Ramaphosa was also enthused with the level of dedication and commitment that had been demonstrated by members of his national executive, as well as the level of collaboration that Ministers from different parties had applied in resolving challenges facing the government and the country.
Magwenya cited what he termed a successful collaboration between Steenhuisen and Minister of International Relations and Cooperation Ronald Lamola, which he said has resulted in an enormous benefit for the country’s beef industry.
“And if that opportunity leverages properly, we should see a massive transformation of our beef industry and that will include the participation and ultimately the growth of small-scale black farmers who are active in the agricultural sector,” he said.
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