President Cyril Ramaphosa will engage with parties within the Government of National Unity (GNU) over concerns raised around the Basic Education Laws Amendment (BELA) Bill.
However, according to Presidential spokesperson, Vincent Magwenya, there is no provision in the Constitution for the President’s decision to be subject to negotiation or agreement with any other party or individual.
Ramaphosa has come under fire from the Democratic Alliance (DA) after the Presidency announced that the signing of the Bill will take place on Friday at the Union Buildings in Pretoria.
The DA’s John Steenhuisen called for an urgent meeting with Ramaphosa while AfriForum says it will take legal action against the President if he signs the Bill.
Addressing the media on Wednesday, Magwenya said it was necessary to restate the President's constitutional responsibilities in light of public statements regarding the signing.
He explained that according to Section 79(1) of the Constitution, Ramaphosa must either assent to (approve) 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.
"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 ground upon which the President can refuse to sign the Bill is constitutional reservations.
"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 said.
He added that Ramaphosa's assent follows rigorous and inclusive public consultation and parliamentary deliberation on the draft legislation before it is passed by Parliament.
He said only if the President has reservations about the constitutionality of the Bill, then he can refer it back to the National Assembly.
If there are no reservations, Ramaphosa can assent to the Bill.
"The President remains firmly committed to engaging fully and openly with parties in the Government of National Unity on this or any other matter of concern," Magwenya said.
IOL Politics