The Democratic Alliance (DA) has come out swinging following word that President Cyril Ramaphosa is set to sign the controversial Basic Education Laws Amendment (BELA) Bill into law at the Union Buildings on Friday.
The BELA Bill amends sections of the South African Schools Act of 1996 (SASA) and the Employment of Educators Act, 1998 (EEA) to account for developments in the education landscape since the enactment of the original legislation.
“The amendments are a response to court judgments that protect and give effect to the Bill of Rights,” the Presidency said.
The DA's John Steenhuisen says the party will not allow the African National Congress (ANC) to erode the powers of school governing bodies (SGBs).
"The DA is fighting to uphold the principles on which the GNU (Government of National Unity) was formed to guarantee quality education," the DA said.
The party is urging Ramaphosa to send the BELA Bill back to Parliament for amendments that must bring it in line with the Constitution.
The DA will not allow the ANC to further erode the powers of school governing bodies using the BELA Bill. This is why DA Leader John Steenhuisen will meet President Ramaphosa.
The DA is fighting to uphold the principles on which the GNU was formed to guarantee quality education. pic.twitter.com/JJSqO0dOtf
"Under the GNU, the ANC can no longer act unilaterally.
“The DA is fighting to uphold the principles on which the GNU was formed, including the need for 'sufficient consensus'.
"The DA will not allow the ANC to further erode the powers of school governing bodies to advance the centralised control of ANC cadres," the DA said.
Political reaction
ActionSA is disappointed but unsurprised that despite intensive efforts by civil society, teachers, and political parties, the flawed BELA Bill will be signed into law.
ActionSA Parliamentary caucus chief whip, Lerato Ngobeni, said protestations over the bill may have been ignored, as the signing of this “fatally flawed” piece of legislation is set to be assented to by the President on Friday.
Last month, the Freedom Front Plus and Economic Freedom Fighters (EFF) committed to pursuing all Parliamentary avenues to stop the Bill.
"Based on the public participation process, two important clauses were scrapped: the clause allowing for alcohol to be sold on school premises after hours during school functions; and a compulsory declaration of interests by every member of every school governing body in South Africa,“ said FF+'s Dr Wynand Boshoff.
He said other controversial clauses relate to giving provincial department heads the final say on schools’ language and admission policies, and home-schooling.
“During the discussion of these clauses, the ANC and EFF banded together as if they are part of the same caucus. The centralising nature of it is their cup of tea, while the FF Plus, ACDP and the DA continually took a stand against it," Boshoff said.
Legal action
Meanwhile, advocacy group AfriForum said it will proceed with legal action if the Bill is signed.
"Since the first draft of this Bill appeared in 2017, AfriForum has steadfastly been objecting to the articles in it which amends the right of governing bodies to have the final say about schools’ admission and language policies," said AfriForum's Alana Bailey.
Bailey said over the years, thousands of members of AfriForum and the wider public have pledged their support to this organisation’s opposition to the Bill.
"There was continuous participation in all public consultation events at provincial and national level.
“The more information about its contents became known, the more the opposition to it escalated. It is therefore extremely disappointing that the President plans to sign the Bill into law. It is an aggressive act of contempt for public opinion that transforms the government of national unity into a government of national disunity," Bailey added.
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