By Johnathan Paoli
President Cyril Ramaphosa said on Sunday that while he noted the settlement agreement between Basic Education Minister Siviwe Gwarube and Solidarity concerning the Basic Education Laws Amendment Act, it holds no bearing on his powers to ultimately take a decision regarding the commencement of the legislation.
In a media statement on Sunday, Ramaphosa said the agreement between Gwarube and Solidarity has no influence, in law or practical effect, on the inclusive multiparty discussions that are underway on Sections 4 and 5 of the Act.
“The President is bound by the Constitution and the law and remains steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners,” the statement read.
He noted that Solidarity is only one of many stakeholders in the matter, emphasized that the Act was duly passed by Parliament and signed into law, and urged the minister to proceed with its implementation, Sections 4 and 5 aside.
During the public signing of the Bill, Ramaphosa announced his decision to delay the implementation date for Sections 4 and 5 of the Act by three months, to afford parties time to deliberate on the issues of admission and language policy contained in the two sections and to submit proposals on how the disputed elements in the sections will be resolved.
Ramaphosa reiterated his commitment to the undertaking to give the parties three months to submit proposals on sections and currently awaited the outcome of those deliberations.
The BELA Act in its entirety has the support of at least 2/3 Members of Parliament.
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Meanwhile, Congress of South African Trade Unions has welcomed Ramaphosa’s assurances that the Act will be implemented, while expressing concerns over the similar lack of representation in the Government of National Unity (GNU)’s clearing house mechanism.
Th union’s parliamentary coordinator Matthew Parks said the Act presented a calm, sober and progressive path to achieving language transformation, recognising the role of schools and the need for them to operate within acceptable norms and standards, accountable to the department
“With our many challenges we cannot afford to have the Cabinet running helter-skelter, nor can we tolerate Ministers or senior officials undermining the rule of law and the constitutional authority of the President of the Republic and Parliament. We dare not descend into a script better left for cartoons,” Parks said.
He said that while Cosatu welcomes the president’s clarifications and assurances, they remain concerned by both Gwarube and some officials in the presidency who signed the agreement with the Solidarity movement.
Additionally, he said his union congress was equally apprehensive about the GNU clearing house talks that exclude key stakeholders in this critical process, in particular teachers, learners, parents and schools.
Parks said Cosatu expects the presidency to expedite engagements and put in place measures to resolve these issues and ensure the promulgation of the remaining clauses of the Bela Act and begin putting in place the resources for its implementation.
“Whilst transformation is not easy and democracy can be noisy, we must nonetheless remain firm in our determination to uphold the Constitution, to heal the wounds of past and present exclusion, and intolerance of all forms of discrimination,” he said.
He called on the government to handle the matter with extreme care, not to be left to inexperienced politicians, obscure officials or political vandals, as the potential damage to the social fabric of the country is too great.
The next step is for the Presidency to determine the date of commencement and for the necessary regulations to be finalised, which the Presidency said will be done without undue delay.
The DA says the BELA Act takes away the right of school governing bodies to make important decisions about language and admissions.
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