AfriForum and Solidarity have served President Cyril Ramaphosa and Basic Education Minister Siviwe Gwarube with letters of demand over the announcement of the BELA Act, saying it was irrational and unconstitutional.

They were given 10 days to resolve the dispute on the Act.

"Ramaphosa acted irrationally and in breach of various agreements, as well as a recommendation by Gwarube, by promulgating the Bela Act in its entirety.

"Gwarube recommended that the implementation of the language and admissions policy be postponed due to the absence of appropriate norms and standards," the organisations said.

The Act was passed by the President in September last year, with Clauses 4 and 5 being left out for extra public comment and its implementation postponed for three months to allow for a more thorough assessment.

Significant criticism from political parties, including the Democratic Alliance (DA), the Freedom Front Plus (FF Plus), and AfriForum, among others, prompted this decision.

The main points of contention were Clauses 4 and 5, which give the Department of Education control over admissions regulations and mandate that school governing bodies submit their language policies for approval to the provincial head of the department.

Amidst these worries, Ramaphosa allowed the parties three months to communicate and agree on the contentious provisions before the Bill was fully implemented.

Ramaphosa signed a Presidential Proclamation to execute the Bela Act in December after the consultation period ended, giving Gwarube instructions to carry out the comprehensive implementation.

However, because there aren't any adequate and clear norms and standards, Minister Gwarube suggested delaying the implementation of the language and admissions policies.

During a media briefing on Thursday, AfriForum and Solidarity criticised Gwarube for what they considered an irrational decision to sign the promulgation notice.

Both groups have already written to Ramaphosa and Minister Gwarube, claiming that the proclamation was illegal and illogical, together with affiliate groups of the Solidarity Movement.

The President and Minister have ten days to resolve the conflict, according to the legal letters.

In the event that a settlement cannot be achieved, the parties have promised to file a lawsuit and contest the Bela Act's enactment in court.

kamogelo.moichela@iol.co.za

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