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The Western Cape Government will not support or attend the signing of the Basic Education Laws Amendment (BELA) Bill today.

We have clearly stated our concerns about the constitutionality of the Bill in a number of letters to President Cyril Ramaphosa.

We still have reservations about the provisions in the Bill regarding school admission and language policies, which undermines the ability of parents to determine these policies through School Governing Bodies (SGBs).

There were serious shortcomings in the process followed by the National Assembly in the passing of the Bill, most especially in terms of the public participation process, which is a cornerstone of our democracy.

The process for the costing of compulsory Grade R was also flawed, with the National Treasury, Department of Basic Education, and Finance and Fiscal Commission disagreeing amongst themselves on the sheer scale of the cost of implementation.

While we support extending the provision of Grade R, making it compulsory at this point will destroy provinces financially, when the National Treasury has indicated that no funding is available, and provinces will once again be left to find the money on their own.

Provincial education departments are already facing a fiscal emergency, having to cut critical services like meals for vulnerable children, safe transport to school, funding for daily school expenses, and teaching posts.

The Bill is flawed, highly controversial, and not constitutionally sound, and the Bill should have been referred back to the National Assembly.

We are taking legal advice to prevent the negative impact the Bill will have on learners in the Western Cape.

Issued by Western Cape Provincial Government