GAUTENG EDUCATION BILL WRONG JUDGEMENT IN SUPREME COURT ORDER

Issued by: Gauteng Legislature

A week ago I expressed my shock at the granting of an interdict by the Supreme Court against the Legislature which effectively prevented it from fulfilling its constitutional responsibility, namely the passage of legislation. Today I am overwhelmed with disgust by the news that the Legislature was prevented from its responsibility by an order which was in fact incorrect and remained incorrect for a full week. I am further dismayed by what is apparent incompetence by the Registrar's office of the Supreme Court in losing the file related to the case and apparently preventing the judge from correcting his order.

The Legislature continues to scrupulously respect the jurisdiction of the Court. However, it is with grave concern that I view the lack of urgency of the process thus far which has resulted in an inability of the Legislature to fulfil its responsibility.

The amended judgement which was finally made available this afternoon, further aggravates the situation in that it prevents the School Education Bill from ever being tabled. If indeed this is the meaning, then I question the wisdom of preventing the Education Bill from ever being tabled. The hasty and erroneous manner in which the Afrikaner Kultuurbond brought the application has resulted in this confusion. An urgent application to rescind the order is to be made in the Supreme Court in Pretoria tomorrow.

The next Sitting of the Legislature is being convened on Tuesday, 26 September at 10:00 am, to consider the Gambling and Betting Bill and other outstanding matters. Consideration of the Education Bill will depend on the outcome of the Court Hearing on 22 September.

In addition the petition on the constitutionality of certain provisions of the School Education Bill is null and void pending final determination of the validity of tabling the bill.

(Issued by Trevor Fowler, Speaker of the 82-565 4211) Private Bag X52, Johannesburg 2000. Tel: (011) 498-5555 Fax: (011) 498-5999