COSATU notes Afriforum’s threat to take government to court over BELA Act

The Congress of South African Trade Unions (COSATU) notes Afriforum’s threat to take legal action against government for the promulgation of the Basic Education Laws Amendment (BELA) Act.

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.  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.

The BELA Act contains many common sense and long overdue progressive provisions that will ensure the rights of learners to dignity and protection. It is regrettable that in the course of public debate, the progressive objectives of the Act were distorted and misinterpreted, leading to confusion. It appears Afriforum and others have deliberately chosen to remain confused and continue to believe the full implementation of the BELA Act will spell an end to the Afrikaans language and inexplicably harm Afrikaans children.

The Act affirms all mother-tongue languages and as well as promotes inclusivity and diversity. In its current form, the BELA Act affords school governing bodies the power to draft their school’s admissions and language policies, but vests final approval and oversight in the provincial department to prevent discrimination and promote inclusivity. At its core, the Act aims to transform our education system for the better, particularly for the majority, the historically excluded.

Afriforum and the Solidarity Movement’s continued bluster is tedious. It appears the thrust of their case will be based on the clandestine agreement that was reached between themselves and Minister of Education Siviwe Gwarube in November, even though Minister Gwarube made it clear the agreement could not supersede any resolution reached under 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. Afriforum and the Solidarity Movement should rather table concrete proposals on how all 12 official languages and learners of all communities can enjoy their full constitutional rights and to cease wasting time and join all freedom-loving South Africans as we stride towards a future where all citizens’ rights are respected and affirmed.

Issued by COSATU        

Zanele Sabela (COSATU National Spokesperson)

Mobile: 079 287 5788 / 077 600 6639

Email: zaneles@cosatu.org.za