Issued by the FW de Klerk Foundation on 26/03/2024

Following an extensive written submission made to the National Council of Provinces’ Select Committee on Education and Technology, Sport, Arts and Culture and an oral submission to Parliament, the FW de Klerk Foundation has submitted comprehensive and detailed concerns regarding the Basic Education Laws Amendment Bill [B2B-2022] to the Western Cape Provincial Parliament (“WCPP”), highlighting critical constitutional considerations.

Ismail Joosub, Legal Officer of Constitutional Programmes at the Foundation, underscored significant issues within the Bill. “The proposed amendments pose a serious risk of infringing upon constitutional provisions, particularly section 29(2) which enshrines the right to education in an official language of choice and sections 30 and 31 which safeguard cultural participation rights,” he emphasised.

Enumerating specific concerns, Joosub elaborated, “The Bill grants provincial education department heads unprecedented authority to override decisions made by School Governing Bodies (“SGBs”), effectively undermining their autonomy as outlined in sections 5(5) and 6(2) of the South African Schools Act and contravening principles of cooperative governance.“

Highlighting constitutional principles, Joosub added, “The Constitution entrusts SGBs with significant decision-making powers to ensure democratic school governance, as affirmed by various court judgments and educational policies. Any departure from these principles risks eroding the foundation of our democratic education system.“

The Foundation recommends proposed amendments to strengthen the authority of SGBs, clarify ambiguous terms and ensure full compliance with constitutional language and cultural rights, as outlined in section 6(1) and Section 6(2) of the Constitution.

In conclusion, The FW de Klerk Foundation remains resolute in upholding constitutional values and advocating for equitable access to quality education. We urge the WCPP to carefully consider our submissions and take necessary steps to address the concerns raised to safeguard the fundamental rights enshrined in our Constitution.