The South African Democratic Teachers’ Union (Sadtu) believes President Cyril Ramaphosa’s decision to postpone the implementation of the two contentious sections of the Basic Education Laws Amendment Act was purely for political expediency, based solely on the objections of the Basic Education Minister Siviwe Gwarube and her political party, the DA.
The union, an affiliate of the ANC, has also informed Ramaphosa in a letter that it will not hesitate legally challenging his decision if he does give the green light for the implementation of the two sections, and also embark on a strike.
Ramaphosa is under increasing pressure ahead of the deadline for submissions on the sections Bela Act, on Friday. The country’s largest teacher union wants sections 4 and 5 of the Bela Act to be implemented by or no later than December 13.
The two sections relate to the provincial departments being responsible for admitting pupils into a public school, taking away the responsibility of school governing bodies (SGB).
The other relates to the power of determining a school’s language policy moving from the SGB to the provincial departments.
In the urgent letter, the union reminded the president that the act was passed in line with, among others, a Constitutional Court injunction to redress the imbalances of the past and facilitate the right of access to quality public education.
Sadtu general secretary Mugwena Maluleke said the Bela Act has not been challenged in any court of law for its constitutionality nor declared unconstitutional. “There was no lawful, rational, or constitutionally valid reason for not putting the two sections into operation.
The process of the passing of the act involved extensive consultation and took a period of more than 10 years.
During this period, the DA participated in the process. Similarly, when the bill was passed in Parliament, the minister who was and remains an MP, participated in the decisions taken by Parliament,” said Maluleke.
The union dismissed the “bilateral agreement” signed between Gwarube and “white non-representative unions”
Solidariteit and AfriForum at the National Economic Development and Labour Council (Nedlac).
“We will not allow white supremacists to use the Department of Education to practice their racism.
“All schools must respect all laws and the Constitution of our country, including the right of our children to access education at any school without barriers created through language policies,” said Maluleke.
Ramaphosa’s spokesperson Vincent Magwenya said: “The letter (from Sadtu) has been received, it’s being processed and the union will have a response in due course.”
Solidarity announced last week it reached an agreement with the minister and the Presidency, for the contested sections not to be implemented on December 13.
It has insisted that the president cannot disown the Nedlac agreement as his legal adviser was party to it.
Speaking at a provincial ANC Youth League conference in Ekurhuleni on Monday, Gauteng Premier Panyaza Lesufi called for support in advocating for the full implementation of the Bela Act.
He said Friday must be a “liberation day” for South African youth because the government would take decisive action to ensure that the rights of all learners were upheld.
“Never and never again that our children and our children’s children will be denied access to a school that is next door on the basis that they don’t speak “... a certain language that is called Afrikaans.
“We want to be equal, we want to promote education that is accessible to all, and people will stop us on the basis that they want the school to belong to their children alone,” said Lesufi.
DA leader John Steenhuisen warned on Sunday that an attempt to remove Gwarube over the Bela issue “would signal an end to the Government of National Unity”.
The party’s spokesperson Karabo Khakhau also said on Tuesday if the sections four and five of Bela are enacted, then the constitutionality of these decisions must be tested in the court of law.
Cape Times