By Akani Nkuna
Those opposed to the Basic Education Laws Amendment (BELA) Act have upped the ante, warning that they will not think twice about going to court if their demands are not met.
Afrikaans civil rights group AfriForum is adamant that the Act goes against the very essence of the Government of National Unity.
While it was passed by President Cyril Ramaphosa in September, its detractors in Cabinet have been careful not to outrightly attack the president or the GNU, instead keeping their objections focused on parts of the legislation.
DA leader and Agriculture Minister John Steenhuisen and FF Plus leader and Correctional Service Minister Pieter Groenewald participated in a march against the legislation in Pretoria on Tuesday.
AfriForum and Solidarity were some of the organisers.
The group’s head of intercultural relations and cooperation, Barend Petrus, said the law deprived communities of their right to self-determination and discouraged cooperation.
“(The) BELA Act… is in violation of the spirit of the GNU agreement, which is supposed to promote cooperation rather than deprive communities of their democratic right to have a say in matters that affect them, and [it] deprives them of their right to procedural fairness.”
Sports, Arts and Culture Minister Gayton McKenzie, who received their memorandum of demands, said that despite the challenges confronting the GNU as a result of the Act, Ramaphosa must be commended for his efforts to put the contentious clauses on hold to consider the grievances of its critics.
“We must be honest that President Cyril Ramaphosa and the GNU that he leads listens to us. That is why certain parts that we were unhappy with were taken out,” he told reporters covering the march.
McKenzie added that both Steenhuisen and Groenewald could vouch for him that Ramaphosa was receptive to their concerns and objections.
“The fact that Ramaphosa suspended Clauses 4 and 5 of the BELA Act, proves that the GNU is working. That shows that we have a hearing president,” said McKenzie.
Steenhuisen asserted that the DA has no personal grudges against Ramaphosa, but it was standing by its pre-election principles. The party has strong objections to the clauses which it contends undermine the Afrikaans language and culture.
“We made it very clear in the negotiation process around the GNU that Clauses 4 and 5 were a problem for us. So, it should be no surprise to anybody that we are standing firm on this particular matter,” he said.
While Steenhuisen said he believed that GNU members were “not far apart” from reaching a consensus on the Act, he did warn that going to the Constitutional Court for interpretation was an option if there was no deal.
For this to be avoided, both sides would have to compromise, he said.
The next couple weeks will reveal what the compromises are, if any.
The GNU’s clearing house mechanism has been tasked with reaching a consensus. The deadline is next month and Ramaphosa has warned the clauses will be enacted if there is no agreement.
The memorandum says that representatives of the Afrikaans community will actively participate in negotiations with the government and GNU parties to amend the BELA Act.
“[We] will specifically ask the DA and FF+ to reconsider their participation in the Government of National Unity if the BELA Act is implemented in its current format (and) proceed with court action if the BELA Act is implemented in its current format,” it reads.
It also says they will support the development of independent schools “as complementary to the Afrikaans public school system”.
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