The DA must stand firm against BELA

Martin van Staden / Midjourney
Martin van Staden / Midjourney

This article was first published by BizNews on 20 September 2024

The Democratic Alliance (DA) should not have entered the government of national unity (GNU); the African National Congress (ANC) is not used to sharing power and has irreconcilable ideological differences with its new liberal partner.

The inevitable internal power-plays, disrespect, pettiness, and dogmatic ideological forcefulness is highlighted best in how the ANC has run roughshod over its partners in the DA and Freedom Front Plus (FF+), to force through the Basic Education Laws Amendment (BELA).

BELA was signed into law on the 13th of September 2024 by President Cyril Ramaphosa. But as a result of protests by the DA and FF+ the two most controversial clauses will not be implemented – yet. Ramaphosa stated that he will give lawmakers and officials three additional months to formulate a solution to the controversial clauses. If there is a failure to find a solution, then BELA will be implemented in full – a conclusion that is likely inevitable, considering the ANC’s refusal to budge on its ideological obsession of “transformation”.

The DA, which holds the position of Minister of Basic Education, has repeatedly highlighted the problems with the law. While some aspects of the law are uncontroversial, like enforcing fines for corporal punishment, the act also possesses unconstitutional clauses that violate the freedom of schools, parents and students.

The controversial clauses of BELA are that school governing bodies will no longer be in charge of setting their own language or admission policies. Schools will become beholden to the dictates of the provincial Department of Education. While not explicit, it is clear that the purpose of this amendment is to destroy Afrikaans-language schools, while pushing the ANC’s ideology and National Democracy Revolution (NDR) on all schools – no matter the wishes of the student and parent-body.

Schools should have complete say over their language and admission policies. They are independent institutions which understand far more about their needs and contexts than some busybody bureaucrat. Admission policies are important to ensure that a student can experience a fulfilling education at the school. Under BELA, a school may be forced to allow students who do not fit its criteria – this isn’t discrimination.

Special needs schools, catering to those with physical or mental disabilities, should not be forced to accept able-bodied students. Students often apply to schools which are far too far for them to reach, yet their parents do not take this into account. Schools reject these admissions because they understand that a multi-hour commute is not healthy for a student.

And in terms of language policy, why should a school in an Afrikaans community be forced to teach in English? Schools cater to the majority of their students. And that’s the way it should be.

The DA has rightfully raised concerns that the language policy amendment violates the constitutional right to be taught in a mother tongue language. BELA will inevitably be used to erode Afrikaans rights in a racist-fuelled vendetta masked as transformation.

The fact that the DA is meant to be in charge of Basic Education, yet has been ignored by the ANC, shows a profound disrespect for the GNU; something that was inevitable. The GNU requires its partners to see each other as, well, partners. Yet, the ANC’s foundational ideology will always perceive parties like the DA and the FF+ as enemies. In fact, it will see anything other than itself as an enemy, as the modern ANC was formulated in a school of thought that sees one-party dominance as a virtue, and not a sign of dictatorship.

Ramaphosa is playing for time with his delaying of the implementation of the school language and admission policy clauses. But I am not sure that the DA has the grit to really make a difference in the next three months.

But the DA has to stand firm and can’t back down now. Steenhuisen has made threats that the passing of BELA would result in a fracturing of the GNU. If the DA’s proposed amendments to the law are not implemented, the DA will seriously need to consider leaving the GNU – and accepting the chaos that follows.

Not following through with their threat will destroy the only trump card that the DA has. The ANC would rather deal with a rational, understandable party like the DA than their fellow ethno-fanatical, kleptocratic socialists in the MK and EFF. But if the DA threatens to leave, as it has done, and does not, the ANC will know that the DA is full of empty threats.

This is a Rubicon moment in the GNU. Either the DA makes a convincing enough threat, and amends BELA, or it must leave the GNU to retain any sort of power or credibility it has left. Otherwise, it will just become a patsy of the ANC and will not survive as any semblance of an opposition.

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The views expressed in the article are the author’s and are not necessarily shared by the members of the Foundation. This article may be republished without prior consent but with acknowledgement to the author.

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