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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 on Higher Education LLB qualification review not yet complete
2017-05-16

The reaction from various stakeholders following the ‘Outcomes of the National Review of the LLB Qualification’ by the Council on Higher Education (CHE) on 12 April 2017 requires the CHE to clarify that the national review process has not been completed and is ongoing.

The peer-review process conducted under the auspices of the CHE is based on the LLB Standards Document which was developed in 2014-2015 with input from higher-education institutions and the organised legal profession. Following self-review and site visits by peers, the process is now at the point where commendations and shortcomings have been identified, and the statement of 12 April reflects those findings. All law faculties and schools have been asked to improve their LLB programmes to meet the LLB Standard, and no LLB programme has been de-accredited. All institutions retain the accreditation they had before the Review process began and all institutions are working towards retaining their accreditation and improving their LLB programmes.

The South African Law Deans’ Association (SALDA) has issued a set of responses regarding the LLB programme review. The following questions and answers were published to give more clarity on the questions raised.

1.    What is the effect of a finding of conditional accreditation?
The programme remains accredited.

(“Accreditation refers to a recognition status granted to a programme for a stipulated period of time after an HEQC evaluation indicates that it meets minimum standards of quality.”)

The institution must submit a progress report by 6 October 2017 that indicates how short-term aspects raised in the HEQC reports have been addressed and an improvement plan to indicate how longer-term aspects will be addressed.

2.    What is the effect of a finding of notice of withdrawal of accreditation?
The programme remains accredited.

The institution must submit an improvement plan by 6 October 2017 to indicate how the issues raised in the HEQC report will be addressed, including time frames.

3.    How does the finding of notice of withdrawal affect current students?
Students currently enrolled for the LLB programme at any institution are not affected at all. They will graduate with an accredited qualification.

4.    How does the finding of notice of withdrawal affect new applicants?
The programmes remain accredited and institutions may enrol new students as usual. This also includes students completing BA/BCom (Law) programmes who wish to continue with the LLB programme.

5.    How does the finding of notice of withdrawal affect prior graduates?
Degrees previously conferred are not affected.

6.    What happens when the improvement plans are submitted in October 2017?
The CHE will evaluate the plans when they are submitted, and the programmes remain accredited until a decision is taken whether the improvement plan is sufficient and has been fully given effect to or not. The institutions will have to submit progress reports to the CHE indicating implementation of measures contained in the improvement plan.

Should a decision at some stage be taken that a programme’s accreditation must be withdrawn, a teaching-out plan would be implemented so that all enrolled students would have the opportunity to graduate with an accredited degree.

For more information on the CHE’s pronouncement please contact Moleboheng Moshe-Bereng on MosheBerengMF@ufs.ac.za.

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