The Western Cape Education Department (WCED) says it strongly opposes the Basic Education Laws Amendment (BELA) Bill which was this week passed in the National Assembly. The WCED says the Bill erodes the powers of governing bodies and takes powers away from provinces. It also followed a procedurally flawed process and was unaffordable.
Minister David Maynier says, “We (The Western Cape Government) will be writing to President Cyril Ramaphosa to raise serious concerns about the constitutionality of the Bill with a view to have the Bill referred back to the National Assembly for reconsideration in terms of section 79 of the Constitution.”
Meanwhile, the joint battle to protect Afrikaans schools under government siege is about to begin in all seriousness. Solidarity, AfriForum and the Solidarity Support Centre for Schools (SCS) say they intend to team up in a major legal battle against the proposed Basic Education Laws Amendment (BELA) Bill if it is to be signed into law by Pres. Cyril Ramaphosa as expected.
Solidarity, AfriForum and the Solidarity Support Centre for Schools
The abovementioned organisations have today given assurances that they are prepared and ready to take this battle as far as necessary.
“It is unfortunat that the relationship between communities and the government must be regulated in court. A court battle is not beneficial for relationships. However, Solidarity is practised in court matters – we are ready for the court battle. After all, the court is the great equaliser,” said Dr Dirk Hermann, the chief executive of Solidarity.
The chief executive of the SCS, Leon Fourie also said their court papers are in place as this amended bill will undoubtedly violate Afrikaans children’s right to mother tongue education and it will irrevocably disrupt the balance of power that should exist between schools’ governing bodies and the government.
Kriel said, “The amended BELA Bill is a breach of the 1994 settlement and accepting it will cause a breach of trust with the Afrikaans community.”
At the same time, the chief executive at AfriForum, Kallie Kriel has described the amended BELA Bill as an act of aggression and an attack on Afrikaans schools and children, through which the government wants to gain control over the schools.
Reaction FW De Klerk Foundation – Criminalisation of parents
Meanwhile, the FW De Klerk Foundation has also expressed concern with the Bela Bill being passed in the National Assembly this week.
The Foundation’s Constitutional Programmes Manager, Daniela Ellerbeck says, “The Foundation is concerned that the Bill will infringe upon the right to education in an official language of your choice (section 29(2) of the Constitution), even as the State has failed to effectively expand the official languages that education is offered in.”
She says they’re also concerned with how its criminalisation of parents for failing to send their children to school from Grade R, will disproportionately impact socio-economically vulnerable families.
“This begs the question of whether criminalising parents is the right solution to address attendance issues in our schools,” added Ellerbeck.
The Foundation, says the Bill as it has been passed, continues to criminalise parents (with up to 12 months imprisonment) should they fail to enrol their child from Grade R (clause 2). It also grants the State the power to direct a public school to adopt more than one language of instruction (clause 5(c)).
Reaction ACDP – Betraying our people
Here’s the ACDP-MP, Marie Sukers on the passing of the Bill, “The way you have passed this Bill, to saying nothing of the secret last-minute-attempted half compromises that were made, behind the scenes, have betrayed our people, and it will mean that this bill will be struck down.
Sukers added, “Every time you chose not to be better, right up to yesterday morning in Committee, you made this more certain. You were better when you were led by Chief Albert Luthuli. You were better when you were led by Ma Charlotte Maxeke. Today, we, the ACDP, pick up the mantle of Christian Democracy from those noble shoulders to ensure that our nation is better.”
READ MORE: Proposed Amendments
