COSATU DARES AFRIFORUM TO TAKE GOVERNMENT TO COURT OVER BELA ACT

COSATU DARES AFRIFORUM TO TAKE GOVERNMENT TO COURT OVER BELA ACT

Zanele Sabela

COSATU National Spokesperson

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.

The BELA Act contains critical progressive and long overdue provisions, including:

– Establishing Grade R as a required part of schooling for all learners, laying a stronger foundation for learners entering Grade 1 and ultimately learners upon matriculation.

– Strengthening provisions requiring learners to attend school and holding parents accountable for their children’s attendance.

– Clear guidelines for school admission, dress code, diversity and inclusivity policies to prevent unfair discrimination, blatant racism and exclusion of learners.

– Clear guidelines as well checks and balances for school language of instruction policies to ensure learners’ needs, diversity and all South Africans’ linguistic rights are accommodated.

– Recognition of South African Sign Language as a language of instruction and learning in line with its elevation to an official language.

– Tightening rules forbidding drugs, alcohol and weapons from schools and empowering schools to search for and confiscate such items.

– Banning corporal punishment and initiation practices from schools.

– Centralised procurement of key materials, e.g. textbooks, to help save costs, reduce corruption and ensure timeous deliveries to schools.

– Making it easier for single parents to register their children at school when their ex-partners are absent.

– Measures to ensure financial accountability and prohibit officials from doing business with schools.

Whilst welcoming these progressive provisions, COSATU believes several provisions in the Act need to be reviewed by the 7th Parliament.

The Federation remains concerned about the Department of Basic Education’s over reliance on learner numbers as the criteria for closing or merging schools.

This places learners in farming and remote rural areas who live far from schools at a serious disadvantage.

Additional criteria need to be included, in particular the distance learners travel to school and the availability of learner transport.

COSATU urges the 7th Parliament to be bold and extend the compulsory school years from Grade 9 to 12.

An excessively high number of learners exit schools at age 15 or Grade 9 as currently allowed.

This is sending an army of youth into the economy without the necessary education, skills and qualifications needed to find work and to take care of the families.

Learners should be required to remain in school until completing Grade 12 or in a TVET or vocational college.

If we are to ensure young people can find work, grow the economy and create jobs, then we need to increase, not decrease the number of learners in schools and colleges.

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.