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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

Council approves appointment of two deans
2008-06-14

The Council of the University of the Free State (UFS) approved the extension of the contract of Prof. Herman van Schalkwyk, Dean: Faculty of Natural and Agricultural Sciences for a further five years during its recent meeting. The appointment of Prof. Francois Tolmie as acting Dean of the Faculty of Theology was also approved.

Prof. Tolmie will be acting as Dean as from 1 July 2008 and will be appointed as dean on 1 January 2009 for a term of five years. He is appointed in the place of Prof. Hermie van Zyl who will be retiring at the end of June 2008.

The Faculty of Natural and Agricultural Sciences has reached many highlights under Prof. Van Schalkwyk’s leadership. It has grown to an influential faculty, known for its world-class academic quality and research and the successful preparation of students for their careers in the sciences.

Before his appointment as dean, Prof. Van Schalkwyk was chairperson of the Department of Agricultural Economics at the UFS. He serves on the executive committee of the UFS’s Executive Management and is chairperson of the Deans Committee. Over and above his work at the UFS, he is involved in various provincial and national organisations.

He was among others appointed by the Minister of Agriculture in 2007 as member of the National Agricultural Marketing Council and in 2008 he was appointed vice-chairperson of the Land Bank Council. He is also a consultant to the World Bank and other South African organisations, a specialist in agricultural and related court cases and popular speaker at agricultural societies in South Africa and Namibia, to name a few.

Prof. Tolmie was a Senior Professor in the Department New Testament at the UFS. He is member of various national and international organisations and academic committees, among others editor of Acta Theologica, the faculty’s accredited journal.

During his term as Dean, Prof. Tolmie aims to establish meaningful liaison with international universities, increase the faculty’s average research output and increase the current number of academics from the faculty who are graded by the National Research Foundation (NRF).

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  
13 June 2008

 Prof. Francois Tolmie
 
 Prof. Herman van Schalkwyk

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