‘Concerns around constitutionality of BELA clauses 4 and 5 unfounded’

A Legal Researcher at the Equal Education Law Centre, Katherine Sutherland, says they are disappointed that the two strongest provisions in the Basic Education Laws Amendment (BELA) Act have been delayed for three months.

This is after President Cyril Ramaphosa stated that he has allowed a consultation process for concerned parties regarding clauses 4 and 5 of the BELA Bill.

Ramaphosa signed the bill into law yesterday, saying that if no consensus is found within three months, the Bill will be implemented in its entirety.

Sutherland says the concerns around the constitutionality of the two provisions are unfounded: “Which means that perhaps the reason these provisions are being delayed is political and that’s unfortunately not allowed and is unconstitutional.

So, the threat that the DA (Democratic Alliance) has made that the BELA Bill holds a knife to the throat of the GNU (Government of National Unity) is an incredibly irresponsible use of their power to protect a very small, very privileged minority of all the Model C schools and it’s just incredibly concerning,” adds Sutherland.

BELA Bill | Katherine Sutherland on delays to clauses 4 and 5