Cape Town — Various civil organisations, including AfriForum, Solidarity, and the Solidarity Support Centre for Schools (SCS), have initiated legal action against the Basic Education Laws Amendment (BELA) Act.
The groups criticised President Cyril Ramaphosa for allegedly acting irrationally and violating agreements, including recommendations from Minister of Education Siviwe Gwarube.
According to a statement, Gwarube had advised postponing the implementation of the language and admissions policy due to the lack of appropriate norms and standards. However, she co-signed the promulgation notice, contradicting her own recommendations.
“Gwarube also made recommendations to Ramaphosa that would have afforded protection to, among other things, mother language education and Afrikaans schools,” the statement read.
AfriForum, Solidarity, and the SCS, part of the Solidarity Movement, have sent legal letters to Ramaphosa and Gwarube, challenging the promulgation notice as irrational. The groups have given the President and the Minister 10 days to resolve the dispute or face court action.
.@AfriForum, @solidariteit en @SOS_Skole begin met regsaksie teen die Bela-wet. pic.twitter.com/Gh637SXISK
— AfriForum (@afriforum) January 16, 2025
AfriForum CEO Kallie Kriel described the promulgation as an attack on Afrikaans schools and children. “The promulgation indicates that the ANC is busy turning the government of national unity into the government of national disagreement,” Kriel said.
Solidarity COO Dirk Hermann expressed disappointment, stating that the BELA Act was enacted without the conditions recommended by Gwarube. “The Constitution and case law confirm that the minister’s recommendations carry weight. The purpose of these recommendations is to ensure effective implementation,” Hermann said.
SCS CEO Leon Fourie accused Ramaphosa of succumbing to political pressure within the ANC. “It appears the president’s irrational promulgation of the BELA Act was influenced by anti-Afrikaans elements,” Fourie said.
The Solidarity Movement vowed to take legal action to address the promulgation notice and enforce compliance with norms and standards to protect schools from abuse of power.
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Compiled by Matthew Petersen