Steenhuisen said that during the GNU negotiations, the DA had made it clear that the bill was unacceptable in its current form, because it had constitutional implications for the right to mother-tongue education, among other issues.
He urged Ramaphosa to send the bill back to parliament for “a few simple amendments to bring it in line with the constitution”.
“Despite this, and in violation of the provisions of the GNU statement of intent, the president seems intent on pushing ahead unilaterally,” said Steenhuisen. “If the president continues to ride roughshod over these objections, he is endangering the future of the GNU, and destroying the good faith on which it was based,” he said.
Steenhuisen noted that the establishment of a dispute resolution mechanism had become a priority to ensure all parties upheld both the letter and spirit of the statement of intent, and that the ANC understood it could no longer take unilateral action on issues that affect fundamental rights.
Magwenya said there was no provision in the constitution for the president’s decision to be subject to negotiation or agreement with any other party or individual.
He said it was necessary to restate the president’s constitutional responsibilities and cited Section 79(1) of the constitution which states: “The president must either assent to and sign a bill passed in terms of this Chapter or, if the president has reservations about the constitutionality of the bill, refer it back to the National Assembly for reconsideration.”
He cited the Constitutional Court case in Doctors for Life International v Speaker, in which it was found that the president could not refuse to sign a bill for political reasons and the only ground upon which he could refuse to sign was if there were constitutional reservations.
“This means that the president needs to apply his mind to evidence and submissions before him and make an independent determination on the constitutionality of the legislation,” he said.
Magwenya said the president’s assent follows rigorous and inclusive public consultation and parliamentary deliberation on the draft legislation before it is passed by parliament.
“Only if the president has reservations about the constitutionality of the bill may he or she refer it back to the National Assembly. If the president has no such reservations, then he or she must assent to the bill.”
Magwenya said Ramaphosa remained “firmly committed” to engaging fully and openly with parties in the GNU on this or any other matter of concern.
The bill amends sections of the South African Schools Act of 1996 and the Employment of Educators Act of 1998 to account for developments in the education landscape since the enactment of the original legislation. The amendments are a response to court judgments that protect and give effect to the bill of rights.
Meanwhile, Ramaphosa will host a dinner with all the political leaders of parties that are signatory to the GNU at his presidential home in Cape Town on Wednesday night. The purpose of the dinner is to provide an opportunity for a review on the functioning of the GNU thus far and to discuss in detail the formulation of a dispute resolution mechanism.
Ramaphosa remains satisfied with the work of the GNU, said Magwenya, and the dinner will be an opportunity for all party leaders to provide their own assessments and give feedback to the president.
“Leaders will be able to raise any issues of concern.”
Wrong to threaten GNU stability every time there is a dispute: presidency
But DA leader says BELA bill is unconstitutional and unacceptable
Image: Freddy Mavunda
President Cyril Ramaphosa's office has taken issue with the ANC's GNU partners in the DA who “threatened the stability of the new government” after Ramaphosa's announcement that the Basic Education Laws Amendment (BELA) Bill would be signed into law on Friday.
Speaking during a media briefing on Wednesday, presidential spokesperson Vincent Magwenya said it was disturbing that whenever there was a dispute, threats were made to the stability of the GNU.
Magwenya said such threats were not directed only at the president but also to the stability of the country and to South Africans.
“The GNU must remain stable, must remain united, as it is called the GNU for the benefit of the country. It is not there for the benefit of any individual political leader. It has been formulated for the benefit of all South Africans,” said Magwenya.
This after DA leader John Steenhuisen called for an urgent meeting with Ramaphosa, objecting to the bill and saying it would endanger the future of the GNU and destroy the good faith on which it was based.
Ramaphosa is scheduled to publicly sign the bill during a ceremony at the Union Buildings in Pretoria on Friday.
“It is therefore important that leaders exercise a level of restraint when there are issues of dispute,” said Magwenya. “There will be a dispute resolution mechanism established.”
He said when there were concerns about a bill, parties or individuals had recourse within South Africa’s constitutional framework: they can take the bill to the Constitutional Court for clarification and parties who are represented in parliament can pursue amendments to the bill.
“There is absolutely no need to threaten the stability of the GNU just because there is a dispute over a bill.”
Magwenya said Ramaphosa was not entirely surprised at the dispute and in fact expected there would be many other disputes in the course of the term. However, he expected “maturity and ongoing commitment to the country”.
If criminally convicted can lead GNU, I should also get a chance: Cabanac
Steenhuisen said that during the GNU negotiations, the DA had made it clear that the bill was unacceptable in its current form, because it had constitutional implications for the right to mother-tongue education, among other issues.
He urged Ramaphosa to send the bill back to parliament for “a few simple amendments to bring it in line with the constitution”.
“Despite this, and in violation of the provisions of the GNU statement of intent, the president seems intent on pushing ahead unilaterally,” said Steenhuisen. “If the president continues to ride roughshod over these objections, he is endangering the future of the GNU, and destroying the good faith on which it was based,” he said.
Steenhuisen noted that the establishment of a dispute resolution mechanism had become a priority to ensure all parties upheld both the letter and spirit of the statement of intent, and that the ANC understood it could no longer take unilateral action on issues that affect fundamental rights.
Magwenya said there was no provision in the constitution for the president’s decision to be subject to negotiation or agreement with any other party or individual.
He said it was necessary to restate the president’s constitutional responsibilities and cited Section 79(1) of the constitution which states: “The president must either assent to and sign a bill passed in terms of this Chapter or, if the president has reservations about the constitutionality of the bill, refer it back to the National Assembly for reconsideration.”
He cited the Constitutional Court case in Doctors for Life International v Speaker, in which it was found that the president could not refuse to sign a bill for political reasons and the only ground upon which he could refuse to sign was if there were constitutional reservations.
“This means that the president needs to apply his mind to evidence and submissions before him and make an independent determination on the constitutionality of the legislation,” he said.
Magwenya said the president’s assent follows rigorous and inclusive public consultation and parliamentary deliberation on the draft legislation before it is passed by parliament.
“Only if the president has reservations about the constitutionality of the bill may he or she refer it back to the National Assembly. If the president has no such reservations, then he or she must assent to the bill.”
Magwenya said Ramaphosa remained “firmly committed” to engaging fully and openly with parties in the GNU on this or any other matter of concern.
The bill amends sections of the South African Schools Act of 1996 and the Employment of Educators Act of 1998 to account for developments in the education landscape since the enactment of the original legislation. The amendments are a response to court judgments that protect and give effect to the bill of rights.
Meanwhile, Ramaphosa will host a dinner with all the political leaders of parties that are signatory to the GNU at his presidential home in Cape Town on Wednesday night. The purpose of the dinner is to provide an opportunity for a review on the functioning of the GNU thus far and to discuss in detail the formulation of a dispute resolution mechanism.
Ramaphosa remains satisfied with the work of the GNU, said Magwenya, and the dinner will be an opportunity for all party leaders to provide their own assessments and give feedback to the president.
“Leaders will be able to raise any issues of concern.”
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