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13 December 2024 Photo Supplied
Dr Solomon Chibaya
Dr Solomon Chibaya, lecturer in the Department of Education Management, Policy, and Comparative Education, University of the Free State.

Opinion article by Dr Solomon Chibaya, lecturer in the Department of Education Management, Policy, and Comparative Education, University of the Free State.


Friday 13 December 2024 marks a crucial moment in South African education law. All stakeholders are awaiting the decision regarding implementation of the contentious sections 4 and 5 of the Basic Education Amendment Bill. After President Cyril Ramaphosa signed the Bill into law, he delayed implementation of the sections on language and admission policies for three months. This was meant to allow for consultation on proposals for resolving the conflicts around the contested sections.

The main issue around the language and admission policies is that the Bela Act allows the provincial heads of departments to have the final say on these policies after the school governing bodies (SGBs) have developed them. Some SGBs see this as their powers being usurped, which contradicts the democratisation of school governance. However, cases in which the powers of SGBs have been abused in ways that led to exclusionary language and admission policies presents the need for oversight of these critical school policies.

Friday 13 December 2024 is the deadline for the resolution.

One cannot avoid thinking about the implications of the different possible outcomes of the decision beyond 13 December. The president could approve the Act without any changes, or clauses 4 and 5 could be returned to the National Assembly for reworking.

If approved

If the Act is to be approved with the two contentious clauses in their current form, there will be a barrage of court cases from opponents of the decision. Over the past few months preceding the signing of the Bela Bill and after it was signed on 13 September 2024, the DA, AfriForum and other lobby groups have promised to take the matter to court. In such a scenario, all parties must prepare themselves for long, vicious and contentious court battles that have enormous implications for the political context defined by the Government of National Unity (GNU).

What will add further fuel to the fire is that at the helm of the department in which the Act is being debated is a DA minister, Minister Siviwe Gwarube. Will she toe the line and follow the law as expected by her office? Or will she follow the direction of her political party, which has been clear about how much it abhors the Act, especially in relation to its current form? She could find herself in the firing line.

If approved in its current form, beyond 13 December 2024, the Act will appease proponents who have been clear about their support for it. Proponents of the Bela Act, such as the ANC (which has been campaigning for it to be embraced by all), SADTU (which on countless matches in support of the Act and have even threatened the president with litigation if they do not get their way), and other political parties like the EFF and the MK Party will be vilified. Considering this, the country’s polarisation is apparent and is a potential and real threat to the GNU/coalition.

If sent back

The DA, AfriForum, and other lobby groups, especially those who want clauses 4 and 5 overhauled, will celebrate, but only for a moment. At least they can battle against the Act’s current form in the National Assembly. Rather than the rigour and expenses surrounding litigation, the different sides must now use their different lawmakers to make a case for them.

The results from the last votes on the BELAB held on 16 May 2024 showed that 223 votes were in favour of and 78 votes against the bill. If these results are anything to go by, there is little change the National Assembly would make to the Act. It will boil down to votes, and the scale will be lopsided. We will be heading for litigation and threats.

At the centre of this is the child whose best interest we are supposed to looking out for. Beyond Friday 13 December 2024, our focus will move away from the child to the National Assembly, the courtrooms, the never-say-no law firms. All eyes will be on the political space. 

News Archive

Competition can assist with transformation
2008-06-04

At the announcement of the winners of the transformation competition were, from the left, front: Ms Khani Seatile, Prof. Helena van Zyl, Director of the School of Management, Ms Charlotte Gallego, Ms Debbie Packwood; back: Mr Valentine Ndhlela and Mr Roger Potgieter.
Photo: Leonie Bolleurs

     

Competition can assist with transformation

The School of Management of the University of the Free State (UFS) held a transformation competition amongst its MBA and BML students. The winners were announced at a function that was held on the Main Campus of the university in Bloemfontein this week.

Prof. Helena van Zyl, Director of the School of Management, said: “The competition gave the students the opportunity to apply their expertise and knowledge and in this way they could add value to the university’s challenge to manage the transformation process effectively and to the benefit of all.” In the competition students had to provide recommendations to the management of the UFS on the effective management of the transformation process at the institution.

The winners in the MBA category were Ms Charlotte Gallego and Mr Roger Potgieter. In the BML category Mr Valentine Ndhlela, Ms Khani Seatile and Ms Debbie Packwood were the winners. The winners can attend either a conference on knowledge, culture and change at organisations in the United Kingdom or a conference on entrepreneurship in Ireland. This prize includes air fare, accommodation and the registration fee for the conference. They also get a 10%-bonus mark in a module of their choice.

Some of the suggestions made by the students include:

The use of the Reitz incident as an empowering tool for skills development for all staff to participate in and not only the previously disadvantaged communities.

Another suggestion was that it is not enough to acknowledge people’s issues involved in organisational change and restructuring in an organisation. Management must be equipped to deal with these challenges. In order to ensure long-term survival, the university must develop skills in strategic transformation.

One of the students also suggested the displaying of notice boards in student residences to enhance unity and shared values, using the slogan “We are all human beings no matter what we are”.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel:  051 401 2584
Cell:  083 645 2454
E-mail:  loaderl.stg@ufs.ac.za
4 June 2008

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