Basic Education Minister Siviwe Gwarube. Picture: Itumeleng English/ Independent Newspapers
If President Cyril Ramaphosa caves in to ANC “factional” pressure and sacks Basic Education Minister Siviwe Gwarube of the DA, that would be the beginning of the end for the ANC/DA Government of National Unity (GNU).
That is the assurance DA leader John Steenhuisen made in a statement on Sunday ahead of the deadline for consultations of the outstanding Basic Education Laws Amendment (Bela) clauses that were suspended in September pending further discussions.
The two clauses relate to the provincial department being responsible for the admitting of pupils into a public school, taking away the responsibility of school governing bodies (SGB), while the other sees the power of determining a school’s language policy move from the SGB to the provincial department.
As consultations are expected to conclude on the pending clauses on December 13, pressure has been mounting on Ramaphosa from both GNU partners and ANC affiliated teacher union Sadtu who want the president to fire Gwarube over the handling of the Bela Bill including her snubbing of the signing-off ceremony in September.
Sadtu Deputy Provincial Secretary Kenneth Williams maintained that Gwarube “must go”.
“Of course we are disappointed in the way the whole process is unfolding. As Sadtu we cannot allow parliamentary processes to be delayed while the BELA Act was signed off by the President. The Education Minister is not representing the views of the neo-liberal DA but that of a democratic government. Sadtu will not stay quiet around the matter and we will put pressure on the Minister to implement the BELA Act in its current form,” said Williams.
Sadtu general secretary Mugwena Maluleke said that the people of the country had spoken and that they expected Ramaphosa to implement the law in full.
“You cannot then undermine them. The President has allowed this situation because he delayed the implementation of certain clauses but he should not have done that.”
Maluleke said Ramaphosa was meant to take a stance but did not do so process, which they were party to, is as disgraceful as it is confusing,” said Steenhuisen.
“We have been clear since the outset.
“We are in government to bring about positive change, including inclusive economic growth, and jobs, and at all times we are guided by the rule of law, and the Constitution of South Africa. Anything to the contrary will not be tolerated,” he said.
The SAHRC said the commission conveyed its support for the president’s position.
“The agreement reached between the Department of Basic Education and Solidarity at the Nedlac does not carry legal binding obligations.
“Most importantly, the Commission requested additional information from the Office of the Presidency pertaining to the current consultation processes surrounding sections 4 and 5 of the Bela Act which is before the ad hoc Clearing House Committee of the Government of National Unity.
The Commission also requested clarification on the nature of the consultation process and its legal standing given that the Bela Act has already been enacted.
“As the deadline for the lifting of the three-month suspension on sections 4 and 5 of the Bela Act approaches on December 13, 2024, the Commission would greatly appreciate a timely response from the Office of the Presidency,” the SAHRC said.
Presidency spokesperson Vincent Magwenya referred further enquiries to previous statements on the Bela Bill.
“There’s not much more we can say.”
Earlier this month, the Presidency said: “The President awaits the outcome of ... deliberations. It must be noted that the Bela Act was duly passed by Parliament and assented to by the President.
“It is now law. The Minister of Basic Education is enjoined to work towards its implementation, sections 4 and 5 aside.
“The next step is for the President to determine the date of commencement and for the necessary regulations to be finalised. This will be done without undue delay.”
Cape Times