AfriForum, Solidarity and the Solidarity Support Centre for Schools (SCS) have given President Cyril Ramaphosa and Basic Education Minister Siviwe Gwarube 10 days to resolve the promulgation of the Basic Education Laws Amendment (Bela) Act, which the organisations claim is irrational.

The organisations announced on Thursday that if there is no resolution, then they will approach the courts.

Ramaphosa signed the Bela Bill into law, in September last year, despite a significant degree of public rejection and concern over its constitutionality.

He placed on hold two clauses of the Bill for three months to find solutions to the concerns around them.

Should no solutions be found, it would be implemented fully, he said.

Some political parties and civil society organisations have been vocal about the Bill, saying in its current form, it will deprive children of mother-tongue education in single-medium schools.

The organisations claimed that Ramaphosa acted “irrationally and in breach” of various agreements by promulgating the Act in its entirety, on December 20, 2024, without considering the recommendations of Gwarube, who also co-signed the proclamation despite her recommendations to the contrary.

Gwarube recommended that the implementation of the language and admissions policy be postponed owing to the absence of appropriate norms and standards.

The organisations also highlighted that Gwarube acted “irrationally”, because she co-signed the promulgation notice, acting against her own recommendation two weeks prior that the Act must not be promulgated in its entirety.

Gwarube also made recommendations to Ramaphosa that would have afforded protection to, among other things, mother language education and Afrikaans schools, said the organisations.

“The promulgation of the Bela Act in its entirety is an act of aggression by the government against Afrikaans schools and children. The promulgation indicates that the African National Congress (ANC) is busy turning the Government of National Unity (GNU) into the government of national disagreement that aims to coopt parties like the Democratic Alliance (DA) and Freedom Front Plus (FF+) to help the ANC carry out its policy,” said AfriForum CEO Kallie Kriel.

Solidarity COO Dr Dirk Hermann indicated that his organisation was “unpleasantly surprised” to see that the Bela Act was promulgated in its entirety, without any of the conditions the Minister recommended to the President.

Hermann viewed the promulgation as a “dishonourable breach” of the agreement that the government signed with Solidarity at the National Economic Development and Labour and Council.

“The Constitution and case law confirm that the Minister’s recommendation, as the person responsible for implementing the Act, carries weight. The promulgation of a law is not the sole task of the President. The purpose of the Minister’s recommendations is to postpone the Act’s enactment so that the necessary steps can be taken to implement the Act effectively,” he explained.

SCS CEO Leon Fourie said Ramaphosa provided no explanation for ignoring Gwarube’s recommendations and the agreements reached.

“It appears that the President’s irrational promulgation of the Bela Act in its entirety succumbed to the political pressure from the anti-Afrikaans elements within the ANC,” he highlighted.

Solidarity Movement head of operations Werner Human indicated that the institutions of the Solidarity Movement would, apart from the legal steps against the promulgation notice of the Bela Act, focus on seeing to it that the norms and standards, and the regulations regarding the language and admissions policies of schools that the Gwarube must now compile, contained provisions that would aim to prevent education officials from abusing their power and targeting Afrikaans schools.

“The institutions of the Solidarity Movement also reserve the right to take legal action against the unconstitutionality of the Bela Act itself, after concluding the legal process against the promulgation notice,” Human added.