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Yes, Mmusi, but all begins with reconfiguring the South African curriculum

19 January 2022 | Story Dr Bekithemba Dube | Photo Supplied

Opinion article by Dr Bekithemba Dube, Senior Lecturer: School of Education Studies and Programme Head: Foundation and Intermediate Phase, University of the Free State.

Mmusi Maimane’s view on the need to increase the South African pass rate from 30% to 50% has received mixed response from various stakeholders. Among them are the teachers’ organisations, including the National Professional Teachers’ Organisation of South Africa (Naptosa) and the South African Democratic Teachers’ Union (Sadtu). These two organisations stated that Maimane was using the country’s education system as a “national campaign for his political ambitions” (City Press, 10 Jan 2022). In response to the teachers’ unions, Maimane noted that “Teacher unions have always rejected the idea of continuous teacher assessments. Our argument is that we need to ask better of our teachers so that they are not passing pupils at 30%. So, of course the unions are going to try and defend their position because it will reflect badly on some of their members, which is not a reflection of all their members.” The conversations between the teachers’ organisations and Mmusi Maimane indicate ambivalence about the reciprocal relations between politics and education. The conversations also highlight how political influence can either build or destroy an education system. A basic observation of moving subject pass rate from 30% to 50% (depending on how one interprets it) generates conflict rather than a collective approach to addressing the pressing curriculum issues in South Africa. This article, informed by post-colonial theories, and more particularly the concept of the third space (first space being Maimane, second space being teachers’ unions, and third space where I believe the two should operate from to reconfigure relevant curriculum in South Africa), seeks to unpack the two conversations in relation to pass/subject rate in South Africa in the international context and to zero in on an argument for the need to configure the curriculum with best practice.

Unpacking Maimane’s comments

Unpacking Maimane’s comments, he raises five issues in his argument for moving subject pass rate from 30% to 50%, namely the country’s developmental aspiration; motivated, qualified, and ambitious teachers; global economy; and finally, better pay for teachers. Summing up his observation, he notes that “education is the way out of this economic mess. The 4IR economy requires specified hard skills. Our teachers are the frontline workers in the quest for economic prosperity. We must reward good teachers. We must remove bad teachers and attract new talent”. The premise of his thinking touches on crucial elements that are pertinent for the South African child in relation to the global competitors and economic emancipation. There is a sense from his sentiment that educating a child is not only for South Africa, but that this child should be equally competitive with his or her peers in the global market. Thus, telling the world that our subject pass rate is 30% is a mockery of our education system. It brings a false sense among learners that if one gets 30% for a subject, he or she has passed the subject, but a combination of all subjects with 30% cannot make one secure university placement. Thus, the critical question to which the Department of Basic Education should respond is what the rationale is behind a 30% subject pass? What does this 30% reflect on South African education compared to international standards? What harm is there to move from a 30% to 50% pass rate? Once these questions have been answered, perhaps new conversations can emerge, and the discussions will come from an informed position.

Interestingly, the unions’ response to Maimane’s comments is premised on an inadequate explanation of what exactly is meant by 30%. The response does not address other issues raised by Maimane, such as development of the country, motivated, qualified, and ambitious, global economy, and surprisingly, the issue of salaries. However, Maimane’s sentiments are seen as coming from someone with a dying political life and using education as political oxygen for survival. What if Maimane’s comments were from someone belonging to the ANC, and not the DA or EFF – would it have gone this far? Again, why is the response targeted at his person and political affiliation rather than contextualising his argument in light of global trends of academic excellence in the quest to improve economic zones? What is the difficulty or harm in moving from 30% to 50% subject/overall pass rate? The response to these questions will be of interest in shaping educational conversations in South Africa. While the unions are entitled to their positions as representatives of teachers, it is prudent to also see the damage that a 30% subject pass rate or overall pass rate is causing to learners, such as failure to access university and compete with their international counterparts.

30% is a reflection of a failed curriculum practice

Cognisant of the foregoing, moving into the third space as suggested above is critical. This is a place where all people involved in the issue meet at a neutral space to juxtapose the trajectories of education. To begin the conversation in the third space, an acknowledgement is necessary that education is key to any development, and a compromise on this has an everlasting impact on national building. Once this is understood, the educational stakeholders can enter into honest conversations about the relevance of 30%, as none of us as parents would be happy with a 30% subject pass rate. From my angle, the 30% is a reflection of a failed curriculum practice, not only in South Africa, but in most African countries with nationalised education systems. Narrowing this to South Africa while also applicable to other African countries, is an indication that we have detained learners for 12 years, and to please learners and parents, we comfort them with a 30% subject pass rate. Third space allows us to interrogate such a practice in order to map best practices for our children, economy, and contribution to humanity through education. To me, 30% is an indication that some learners are not supposed to be doing the curriculum that is forced on them in schools. The CAPS document as a ‘one-size-fits-all’ curriculum is no longer relevant, rather a fluid and contextualised CAPS is now required. The latter speaks of a curriculum that does not seek to channel learners through one avenue, such as passing Grade 12 and going to university. There is a need for a curriculum that does not detain learners in subjects in which they have no interest or are not capable of doing. Rather, various courses – not subjects – should be introduced alongside the main curriculum practices. Critical courses, which are in short supply in South Africa, should be taught as early as Grade 7 as a course where a learner can be awarded a diploma for a critical skill of their choice. This means bringing some TVET courses to basic education, such as building, welding, civil engineering, manufacturing, entrepreneurship, software engineering, among other courses. This would allow learners to get recognised qualifications along with their Grade 12 results, cognisant that some learners with passion and good skills in some courses mentioned above may not have access to TVET colleges and universities because of a 30% subject pass rate. The foregoing requires a revamp of the education system so that after 12 years of basic education, learners have something practical to show rather than having all learners moving in one direction and getting nothing at the end of Grade 12. I am of the view that an increase from 30% to 50% is indispensable, desirable, and doable and above all, that TVET courses should be taught from Grade 7 to 12, so that learners with an interest in practical subjects have recognised courses for their livelihood, even if they do not perform very well in Grade 12.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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