The Congress of South African Trade Unions (COSATU) is extremely dismayed and aggrieved by the apparent agreement between government, AfriForum and Solidarity to water down and delay the implementation of the Basic Education Laws Amendment (BELA) Act’s Sections 4 and 5.
The failure of government to consult other stakeholders, in particular parents, learners, teachers, labour and community as well as Parliament itself, is a naked affront to democracy and the rule of law. It is a shameful kowtowing that fails to address the legitimate cries for learners not to be excluded from schools based upon their language or other discriminatory means.
The BELA Act was the product of years of engagements. It was extensively engaged upon by social partners at Nedlac and society at large through both Houses of Parliament. It is not acceptable that Cabinet can outsource its responsibilities to engage society on such a critical matter affecting thousands of historically disadvantaged learners. Nor does it inspire confidence when government backtracks on the implementation of a progressive, long delayed transformation law passed by Parliament, worse without even the courtesy of engaging the Legislature nor asking it to resolve any possible legislative gaps.
Despite hysteria on social media and marches to Monuments, the BELA Act is sane and sober. The Sections in question, simply provide for Departmental for Basic Education oversight over school language and admissions policies. These will still be drafted by schools but subject to final sign off by the Department. Hardly the stuff that will not pass constitutional muster nor threaten the status of any languages.
COSATU will be taking up this matter with Parliament and the Presidency to seek clarity on how exactly government will manage this pretzel it has twisted itself into and to ensure the rights of all learners, in particular those from disadvantaged communities, are affirmed and the progressive objectives of the Act upheld in full.
Issued by COSATU
Matthew Parks(COSATU Parliamentary Coordinator)
Cell: 082 785 0687
Email: matthew@cosatu.org.za