The ACDP notes with deep concern that, despite widespread public objections, it has been announced that President Cyril Ramaphosa intends signing the Basic Education Laws Amendment Bill (BELA) into law this coming Friday 13 September 2024.
Former ACDP MP Marie Sukers was at the forefront of opposition to the BELA Bill in the Basic Education Portfolio Committee in the Sixth Parliament, contesting provisions which impacted homeschooling, learner pregnancy, closing of rural schools, criminalising parents, limiting the powers of school governing bodies, and which resulted in what we believe to be ministerial overreach on parental rights. She also successfully galvanized public opinion against the Bill, as expressed both in the thousands of written public submissions and during the many public hearings held on the Bill, which included parents, religious leaders, civil society, community leaders, homeschoolers and school governing bodies.
In addition to objections to the inclusion of Grade R in primary schools which will have a negative impact on Early Childhood Development (ECD) entrepreneurs (the majority of whom are previously disadvantaged women residing in townships), National Treasury indicated that the estimated R16bn needed to implement the Bill (to fund the expansion of Grade R at more than 7 800 schools) was an “unfunded mandate”, i.e. that funds are not available for this purpose. This is likely to remain the case in the foreseeable future, given the financial constraints facing government.
Despite Hon Sukers’ objections and those of other members of the portfolio committee, as well as the overwhelming rejection of the Bill by the public, the Bill was pushed through Parliament, and will now, we understand, be signed into law by the President.
The ACDP calls on the President even at this late stage to rather refer the Bill back to the National Assembly, in terms of section 84(2)(b) of the Constitution, considering the many valid objections relating to its constitutionality. It is not too late to do so. Should he, however, opt to the sign the Bill into law, it will undoubtedly be contested in the Constitutional Court at great cost to all litigants involved, including the government which, as indicated above, is already facing severe financial constraints.
Lastly, we welcome the fact that certain parties to the GNU have also expressed their very serious concerns regarding the implications should President Ramaphosa assent to the Bill, stating that he would be endangering the future of the Government of National Unity. We trust that the President will heed this warning, that good sense will prevail, and that President Ramaphosa will send the Bill back to Parliament for a reconsideration of its constitutionality.
