Bid to ban protests at schools
NEW legislation aimed at banning protests outside schools and institutions of learning and care is on the cards.
This comes hot on the heels of the Essential Services Committee (ESC) conducting an investigation on whether teachers and support staff in basic education can be declared an essential service.
On Friday, Parliament published a notice inviting the public to make written submissions until July19 on a bill that prohibits public gatherings near schools and other institutions for minor children.
The private member’s bill, to be introduced by the Freedom Front Plus’s Anton Alberts, was sparked by protests at Overvaal High School, Gauteng, earlier this year.
The school made headlines when it was marred by protests after it did not accept 55 English-speaking pupils.
The SA Democratic Teachers Union (Sadtu), supported by Cosatu and tripartite alliance partners, marched to the school and demanded the acceptance of the excluded pupils.
“The objective of the bill is to prohibit any protests near schools and other places where minors are present,” Alberts said.
Yesterday, Sadtu general secretary Mugwena Maluleke said the Freedom Front Plus was within its rights to introduce the bill.
“The problem is that it is informed by a racial intention to keep (Afrikaans-medium) schools lily white and stop South Africa from achieving transformation.
“That is the weakness of political parties protecting white privilege,” Maluleke said.
“We will be able to make our written submissions at the right time, but we are opposed to anything that is informed by racial intention,” he said.
At the centre of the bill is ensuring persons exercised their right to assemble peacefully and with due regard to the rights of others.
“The Bill seeks to amend the (Regulation of Gathering) act to prohibit protests outside schools, as well other institutions of learning and care, such as children’s homes and houses of safety, where there are minor children in order to give effect, among others, to the rights enshrined in section 28(2) of the constitution,” Alberts said.
He added that the laws that would have to be amended included the National Schools Act and the Regulation of Gatherings Act.
“As things stand at present, the rights of peace-loving citizens, and in particular pupils, are being disregarded as their safety is jeopardised by the nature of protest actions.
“The FF Plus’s proposed private member’s bill is, therefore, of the utmost importance as it will serve to protect children against disruption, particularly in schools, and it will also augment their fundamental rights as enshrined in the constitution,” he said.
The bill comes as the Essential Services Committee is scheduled to hold public hearings on teachers being declared an essential service in major cities in July.
Maluleke also said he was aware the committee was working on protecting children at pre-schools and crèches.
“We approach that with an open mind because these are the children who need to be protected. What you need is for protests not to be violent, and that you protest peacefully,” he said.