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More legal action threatened over education law

By Johnathan Paoli

The political battle over the contentious Basic Education Laws Amendment (Bela) Act is heating up as a key deadline looms, with the Economic Freedom Fighters announcing that it is considering going to court.

A conflict resolution committee set up to deal with major differences amongst parties in the Government of National Unity has less than two weeks to reach an agreement on the way forward. The EFF is not part of the GNU

The EFF said on Monday it was looking at legal options to ensure that the legislation was implemented in its original form.

The EFF believes the law, which is aimed at transforming access to mother-tongue education and addressing exclusionary practices in schools, is being undermined by white supremacist organisations and their allies.

Last week a deal was reached between Solidarity and Basic Education Minister Siviwe Gwarube following the trade union taking the matter to the National Economic Development and Labour Court. Solidarity had threatened protest action over sections in the Act that address language and admission policies in schools

“The recent agreement between the Minister of Basic Education and Solidarity, which delays the implementation of critical clauses in the Bela Act, exposes the sinister reality of who truly governs South Africa – white racist organisations like Solidarity, the Democratic Alliance, Freedom Front Plus and AfriForum, not the elected representatives of the people,” EFF spokesperson Leigh-Ann Mathys said on Monday.

She accused President Cyril Ramaphosa of facilitating the agreement through secretive negotiations that betrayed the Act’s transformative purpose.

Mathys maintained that while Ramaphosa had declared that the agreement has no legal or practical effect on the ongoing discussions at the GNU, it illustrated a transparent attempt to absolve himself of responsibility for a process “he facilitated”.

“The EFF rejects his feigned detachment, as it is clear that his administration has already caved to the demands of white supremacist organisations. His assurances are meaningless without concrete action to enforce the law in its original form, or return the Bill to the National Assembly if it is indeed not satisfactory,” she said.

On Sunday, the president affirmed his commitment to resolving disputes over these provisions through a three-month consultation process, which ends on 13 December, emphasising that the Act, passed by Parliament and signed into law, must be implemented as intended.

Ramaphosa said he was bound by the Constitution and the law, and remained steadfast in ensuring transformation in the education sector for the benefit of present and future generations of learners.

He pointed out that Solidarity was only one among many stakeholders in the matter, reiterating that inclusive discussions are underway.

However, the EFF dismissed these assurances, criticising the settlement as evidence that white racist interests hold more power than the democratic processes of the country.

Meanwhile, the Congress of SA Trade Unions has cautiously welcomed the President’s commitment to implementing the Bela Act, but expressed concerns over the exclusion of key stakeholders, including teachers, learners and parents, from the consultation process.

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