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Legal challenge over 'irrational' Education Act

Publish date: 20 January 2025
Issue Number: 1109
Diary: IBA Legalbrief Africa
Category: South Africa

South African civil society group AfriForum intends to take legal action against the government over the promulgation of the Basic Education Laws Amendment (Bela) Act. During a briefing last week AfriForum, Solidarity and the Solidarity Support Centre for Schools (SCS) criticised President Cyril Ramaphosa's complete implementation of the Act as ‘irrational and a breach of various agreements’, reports News24. They said the decision contradicted a recommendation from Basic Education Minister Siviwe Gwarube that the implementation of clauses relating to language and admissions policies be delayed. Khomotjo Joy Maimela, the National Assembly's chairperson of the Portfolio Committee on Basic Education said AfriForum's 'attack' borders on racism and shows its wish to keep former Model C schools purely white. Gwarube previously said she had asked Ramaphosa to refer it back to Parliament for reconsideration in terms of section 79 of the Constitution. But AfriForum said that by co-signing the promulgation notice, Gwarube acted against her recommendations. AfriForum sent legal letters to both Ramaphosa and Gwarube, saying that the promulgation notice was signed irrationally and calling for a resolution within 10 days. The organisation warned of further legal action if no agreement was reached. In a press briefing held exclusively in Afrikaans, AfriForum CEO Kallie Kriel said the promulgation of the Bela Act in its entirety was an ‘act of aggression’ by the government against Afrikaans schools and children. A brief summary was provided in English afterwards.

Second report on the News24 site

Full Netwerk24 report (subscription needed)

Full News24 report

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