Gaye Davis
All three issues outstanding appear in the draft Bill of Rights of the new Constitution. They are:
l Education: The ANC and NP clauses agree on the right to education in the official language of one’s choice in public educational institutions, where reasonably practicable, and that national legislation and policy will play a role in how the state gives effect to this right.
Where they diverge is over single-medium schools. A central plank of NP policy is having schools “with a distinctive character” in terms of language, culture and religion. The ANC fears this will spike its education transformation programme.
Both sides have accused each other of hidden agendas; the ANC says the NP wants to implement a Broederbond plan devised in 1992 to maintain Afrikaans-medium “centres of excellence”. The NP believes the ANC intends an assault on Afrikaans institutions as relics of the past.
l Property: The NP and ANC agreed to a formulation at the Arniston bosberaad two weeks ago, and further political agreement was reached last Sunday. The formulation allows for property to be expropriated in the public interest. The clash is over a clause which says public interest includes state reforms to bring about “equitable access to South Africa’s natural resources” – which includes water and mineral resources.
l Lockout: The ANC is adamant there will be no constitutionally entrenched right of employers to lockout, but is prepared to deal with the issue in a way that does not interfere with the employers’ right as set out in the Labour Relations Act. This does not satisfy the NP.