Afriforum's claim that the BELA Act is unconstitutional is dismissed by COSATU, who says the Act will withstand any legal challenge.
Image: Jacques Naude / Independent Newspapers
The Congress of South African Trade Unions (Cosatu) has dismissed Afriforum’s threat to take legal action against the government regarding the Basic Education Laws Amendment (BELA) Act.
This comes after Afriforum and Solidarity served letters of demand to President Cyril Ramaphosa and Basic Education Minister Siviwe Gwarube, claiming the BELA Act is irrational and unconstitutional. The organisations gave the government 10 days to resolve the dispute or face legal action.
IOL also reported last week that the Freedom Front Plus (FF Plus) called for the revocation of the proclamation of the BELA Act, arguing that it conflicts with the Government of National Unity's (GNU) dispute resolution mechanism and ignored recommendations made by a task team appointed by the GNU.
Cosatu is confident that Afriforum’s case would fail and that a court ruling would put an end to the distractions surrounding the Act’s implementation.
''Cosatu dares Afriforum to take legal action because we are certain it has less than zero chance of succeeding and a court ruling would ensure this matter is finalised once and for all, and will put paid to the theatrics that have distracted the state from the full implementation of this important transformative Act for far too long.''
Cosatu national spokesperson, Zanele Sabela, stated that Afriforum’s challenge has no chance of success and urged the organisation to focus on contributing constructive proposals for the upcoming Regulations of the Act rather than engaging in press conferences or fundraising efforts.
''AfriForum would do better to prepare sober proposals to be included in the pending Regulations than calling ill-tempered press conferences. We can assume that they will soon be sending out fundraising requests to all and sundry.''
Afriforum's CEO Kallie Kriel pushed back against Cosatu’s dismissal, asserting that the organisation had a strong case against the BELA Act.
He argued that the minister of basic education herself acknowledged challenges with implementing the Act without proper norms and standards.
"We differ from Cosatu view. We believe we have a strong case," Kriel said.
"The fact that the minister made a recommendation to the president that certain sections of the Act cannot be implemented if the necessary norms and standards are not in place shows irrationality," he said.
"Cosatu can rest assured that the courts will decide on the rationality of the decision to promulgate the whole Act."
Kriel noted that Afriforum intends to follow a two-pronged strategy: participating in the process of drafting regulations for the Act while pursuing legal action to challenge its implementation.
"These two processes do not preclude one another. It is entirely within our rights to pursue both routes," Kriel said.
However, according to Cosatu, the BELA Act is a progressive and long-overdue step in transforming South Africa’s education system, with a focus on protecting the rights and dignity of learners, particularly those from historically excluded groups.
Sabela emphasised that the Act promotes inclusivity and diversity while ensuring the right of learners to be taught in their mother tongue. It grants school governing bodies the authority to draft their own admissions and language policies, but with provincial oversight to prevent discrimination.
“At its core, the Act aims to transform our education system for the better, particularly for the majority, the historically excluded,” Sabela said.
Cosatu also criticised Afriforum and the Solidarity Movement for misrepresenting the objectives of the Act, particularly in relation to Afrikaans language rights. Sabela clarified that the Act does not seek to end Afrikaans but rather guarantees the protection and promotion of all 12 official languages.
''Afriforum and the Solidarity Movement’s continued bluster is tedious,'' she said.
She also referenced an alleged agreement between Afriforum and Education Minister in November, which, according to Cosatu, cannot supersede any resolutions reached through the GNU Clearing House Mechanism.
“Cosatu is more than confident that the BELA Act is constitutionally sound, and that any attempt to challenge it in court will fall flat,” Sabela said.
She called on Afriforum and the Solidarity Movement to move past opposition and engage in constructive dialogue to ensure the full rights of learners in all communities.
IOL