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GNU leaders urged by Ramaphosa's spokesperson to 'exercise restraint when there are issues of dispute'

GNU leaders urged by Ramaphosa's spokesperson to 'exercise restraint when there are issues of dispute'
Victoria O’Regan
By Victoria O’Regan
11 Sep 2024
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A standoff is looming in the Government of National Unity over the contentious Bela Bill, with political parties locked in a dispute about President Cyril Ramaphosa’s plan to enact the Bill into law on Friday.

President Cyril Ramaphosa’s decision to sign the Basic Education Laws Amendment (Bela) Bill into law on Friday, 13 September, has elicited a show of strong opposition from its key Government of National Unity (GNU) partner, the DA, which has warned the move threatens to unravel the GNU. 

The division among parties over the contentious Bill comes amid several headaches which could make or break the GNU, including the recent developments around Justice Minister Thembi Simelane, and DA leader and Agriculture Minister John Steenhuisen’s contentious appointment of Roman Cabanac as his chief of staff.

The standoff looming between the two biggest parties in the GNU over the Bela Bill looks set to be a major test for the stability and sustainability of the coalition government.

In a surprise move, Ramaphosa announced on Wednesday that he would sign the Bela Bill into law at a public ceremony at the Union Buildings in Pretoria on Friday.

In proceeding to enact the Bill into law, despite strong objections from the DA, Steenhuisen said the President “will violate both the letter and spirit of the joint Statement of Intent that forms the basis of the Government of National Unity.

“During the negotiations, the DA made it clear that the Bela Bill was unacceptable to us in its current form, because it has constitutional implications for the right to mother-tongue education, amongst other issues.

“The DA urged President Ramaphosa to send the Bill back to Parliament for a few simple amendments to bring it in line with the Constitution,” said Steenhuisen on Wednesday.

Read more: Incoming — John Steenhuisen’s great leadership — and balancing — test

At a press conference on Wednesday afternoon, Presidency spokesperson Vincent Magwenya pushed back at Steenhuisen, saying, “There is absolutely no need to threaten the stability of the GNU just because there is a dispute over a Bill.

“It is disturbing that whenever there is a dispute you will hear threats being made to the stability of the GNU; it is disturbing because such threats are not only directed to the President, they are directed to the stability of the country.

“The GNU must remain stable; must remain united for the benefit of the country… It is therefore important that leaders exercise a level of restraint when there are issues of dispute.”

The DA has consistently opposed the Bill, which was passed by 223 votes against 78 in the National Assembly in May — particularly aspects that it says will reduce the authority of school governing bodies (SGBs) and centralise decision-making power.

The DA, African Christian Democratic Party (ACDP) and the Freedom Front Plus (FF Plus) opposed the Bill, while the Economic Freedom Fighters (EFF), Inkatha Freedom Party (IFP) and the Pan Africanist Congress of Azania (PAC) voted with the ANC in support of the Bill, Daily Maverick has reported.

The ANC has welcomed the passing of the Bill in the National Assembly, saying it would “change the face of our education system”. 

On Wednesday, the FF Plus echoed the DA’s calls for the signing of the Bill to be halted, saying it would use its position in the GNU to “persuade the President to refer the ill-conceived Bill back to Parliament for the necessary amendments and improvements”.  

Legal action


Outside of the GNU, ActionSA and the ACDP have opposed Ramaphosa’s imminent signing of the Bill. ActionSA said it would consider legal action if the Bill was enacted into law.

The Bill seeks, among other issues, to make Grade R the new compulsory school starting age; to provide penalties for parents and guardians who do not ensure that their children are in school; and to confirm that corporal punishment is no longer allowed in schools, with penalties for those found guilty of such offences.

In the adopted amendments, provincial education department heads — as opposed to SGBs — retain the final authority on admissions and determining the number of mediums of instruction that public schools may use.

Speaking in Cape Town in July, after the watershed general elections, Steenhuisen said the DA would “continue to fight against problematic national policies and legislation” such as the Bela Bill, and the equally contentious National Health Insurance (NHI), despite joining the ANC in the GNU.

The DA has since softened its stance on legally challenging the NHI, saying it would look to the GNU to address the issue of its implementation. (The NHI Bill was signed into law by Ramaphosa 14 days before the general elections and faces a swathe of litigation from medical bodies and the organised private health industry.)

However, it seems the Bela Bill is where the party draws the line. With other GNU partners at odds over the issue, Ramaphosa’s imminent signing of the Bill has caused a fracture in the infant coalition government.

Dispute resolution mechanism


In his statement, Steenhuisen said the President seemed “intent on pushing ahead unilaterally” with the signing of the Bela Bill, despite this violating the provisions of the GNU Statement of Intent. He said he had moved urgently to meet Ramaphosa before Friday to reiterate the party’s objections to the Bill.

The Statement of Intent provides for consultation and stresses the need for consensus on key decisions. According to the principles outlined in the Statement of Intent, “The GNU shall take decisions in accordance with the established practice of consensus. Where no consensus is possible, the principle of sufficient consensus shall apply.”

It also stipulates that the GNU parties will establish dispute resolution or deadlock-breaking mechanisms “in instances where sufficient consensus is not reached”. However, a formal dispute resolution mechanism has yet to be established by the GNU and there is no structure in place to iron out conflicts among parties.

Steenhuisen called for the establishment of a dispute resolution mechanism as a matter of priority, so that “the ANC understands that they can no longer take unilateral action on issues that affect fundamental rights”.

Magwenya said the President was to host a dinner on Wednesday night with all the leaders of parties that were signatories to the GNU, “to discuss, in detail, the formation of a dispute resolution mechanism.

“President Ramaphosa remains satisfied with the work of the GNU. This evening [Wednesday] is an opportunity for all party leaders to provide their own assessment and give feedback to the President; leaders will also be able to raise any issues of concern.”

Balancing act


New basic education minister Siviwe Gwarube (DA) has advocated for a balanced approach to the issue of the Bill.

Gwarube, in an interview with News24 on 17 July, said she would advise Ramaphosa to send the Bill back to Parliament. However, she later confirmed she was yet to make any formal recommendation to the President, saying, “I can’t force my hand in anything at this point in time because ultimately the Bill is on the President’s desk.”

Gwarube has previously faced strong criticism for her comments from Tripartite Alliance member the Congress of South African Trade Unions (Cosatu) which, on Wednesday, welcomed Ramaphosa’s intention to sign the Bill.

“The Bela Bill contains many common sense and long overdue progressive provisions that will help to protect the rights of learners to dignity and protection.

“It is a tragedy that in the course of the public debate some have chosen to deliberately distort some of its provisions and others have simply decided to fabricate things which are actually not in the Bill,” said Cosatu.

Daily Maverick asked Gwarube to comment on Ramaphosa’s intention to sign the Bill into law, but had not received a response by the time of publication.

Daily Maverick also requested comment from other GNU partners, including the IFP and the Patriotic Alliance, but had not received responses by the time of publication.

Rise Mzansi said it was still studying the Bill and, in light of this, “did not currently have a fully informed view on the Bela Bill”. DM

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