National Assembly Speaker Thoko Didiza said after the President signed and assented to the legislation, it was the line function ministry that must prepare a presidential minute for the proclamation of the legislation and the effective date. Picture: Henk Kruger/Independent Newspapers
Parliamentarians heard on Thursday that the Basic Education Laws Amendment (Bela) Bill, barring the two suspended clauses, was dependent on Basic Education Minister Siviwe Gwarube preparing a presidential minute for a proclamation to enable its operation.
This emerged on Thursday when the National Assembly programme committee received an update after enquiries were made to the Presidency since President Cyril Ramaphosa suspended two clauses dealing with language and admission to allow for consultation among interested parties and the Government of National Unity partners.
Secretary to National Assembly Masibulele Xaso said Ramaphosa’s parliamentary counsellor Gerhard Koornhof advised National Assembly Speaker Thoko Didiza that Ramaphosa and Gwarube were working on the two clauses.
“The idea is to provide an opportunity for interested parties to engage on this matter and seek a solution.
Consultation will be focused on implementation and the commencement of the sections of the Act. The Minister must advise the President of the effective date of the Act,” Xaso said.
Didiza said after the President signed and assented to the legislation, it was the line function ministry that must prepare a presidential minute for the proclamation of the legislation and the effective date.
She explained that the consultation on the two clauses, as Ramaphosa indicated, would take three months and then a determination made on how the clauses will move forward.
“It gives an opportunity to interested parties - political parties, individuals and education experts - to be able to make their proposals. It is more about implementation of those sections where concerns had been raised than the essence of the sections themselves,” she added.
EFF MP Hlengiwe Mkhaliphi said they were confused about what was unfolding because consultation took place when the Bela Bill was formulated.
“We don’t understand what the three months entails; who must be consulted after resources of taxpayers money were used to do consultation around the country?” Mkhaliphi said.
She asked when Gwarube was to prepare the presidential minute for the proclamation and whether there was a new Act despite Ramaphosa signing the bill.
“It means Parliament is failing on its duty to do their function if we allow the executive to do as they please,” Mkhaliphi said.
MK Party chief whip Mzwanele Manyi said they welcomed the confirmation that Ramaphosa indicated that there were no constitutional issues on the bill.
“If the president communicated that there are no constitutional issues, it, therefore, vindicates the posture we have as the MK Party that the DA-ANC coalition is frustrating transformation.
“If there are no constitutional issues, what is this thing we are waiting for now. Why can't we have a date even next week so that this bill can be enforced?” Manyi said.
Didiza said Ramaphosa has the prerogative to apply his mind on to the bill.
“It is not on the constitutionality that he has to reflect on but he can, on his consultation, believe he needs to give an opportunity to hear voices where there may be. We need to appreciate that,” she said.
Koornhof said the Constitution determined that Ramaphosa should apply his mind independently whether there were any constitutional challenges and parliamentary processes were followed.
He noted that the President assented to the bill, which was published in the Government Gazette.
“The next step is for the Minister concerned to prepare the required proclamation to bring the Act into operation and to submit to the office of the President for his signature.”
Koornhof also said Ramaphosa and Gwarube’s offices must work together regarding the process to be followed regarding the consultation on the two suspended clauses.
“The consultations are focused on implementation and commencement of the date of the sections because the Act was found to be constitutionally sound.”
He emphasised that the bill has not been returned to Parliament for reconsideration and that it was on the desk of the President pending his determination.
“There is no ambiguity and uncertainty about the process,” Koornhof added.
Cape Times