As the deadline for consultations regarding clauses four and five of the BELA Act looms, the South African Human Rights Commission (SAHRC) has written to President Cyril Ramaphosa to request for its inclusion and other Chapter 9 institutions in the consultations.
The Commission’s plea comes as the grace period that was afforded stakeholders to address the suspended sections of the Act, ends on Friday 13 December 2024.
Recently an announcement of an “agreement” between civic groups Solidarity and Afri-Forum with the Basic Education Minister Siviwe Gwarube sparked controversy.
Several political parties, trade unions including Deputy President Paul Mashatile condemned the so-called agreement.
In a statement, the SAHRC highlighted its stance on Gwarube’s consensus with the organisations.
“In its correspondence, the Commission conveyed its support for the President’s position that the agreement reached between the Department of Basic Education and Solidarity at the National Economic Development and Labour Council does not carry legal binding obligations.
Most importantly, the Commission requested additional information from the office of the Presidency pertaining to the current consultation processes surrounding sections 4 and 5 of the BELA Act, which is before the ad-hoc Clearing House Committee of the Government of National Unity.
The Commission also requested clarification on the nature of the consultation process and its legal standing given that the BELA Act has already been enacted”, read the statement.
Ramaphosa however dismissed the agreement, adding that it has no bearing, in law or practical effect, on the inclusive multiparty discussions that are under way.
“Furthermore, the agreement bears no influence on the president’s powers to ultimately take a decision regarding the commencement of the act,” read a statement from Ramaphosa.
Moreover, the Commission further appealed for a timeous response from the Office of the Presidency on its demands.
