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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

UFS celebrates Africa Month
2017-05-24

 Description: ' Africa Month Tags: UFS celebrates Africa Month

Most of the international students at the UFS come from
the Southern African Development Community (SADC)
and other countries in Africa.

Photo: iStock

“Africa Month provides an opportunity
to every student and staff member to
commemorate African unity and celebrate
our rich cultural heritage, diversity,
energy and social dynamism.”

The University of the Free State (UFS) celebrates Africa Month to commemorate African unity and praise cultural heritage, as well as to take ownership of the future of the continent. According to Prof Heidi Hudson, Director of the Centre for Africa Studies, these are reasons to take part in the festivities.

Formation of Organisation of African Unity

Africa Day is the day on which Africa observes the creation of the Organisation of African Unity (OAU) on 25 May 1963. A total of 32 independent African states attended the formation.

The OAU’s aims were to promote unity and solidarity of the African states and act as a collective voice for the continent, in order to secure Africa’s long-term economic and political future and to rid it of remaining forms of colonialism. The OAU later gave birth to the African Union, which formally replaced the OAU in July 2002.

Prof Hudson says celebrating Africa Month forms part of her centre’s institutional mandate to promote an African focus in research, teaching, as well as public debate.

“Africa Month provides an opportunity to every student and staff member to commemorate African unity and celebrate our rich cultural heritage, diversity, energy and social dynamism. Secondly, by participating we all begin to take ownership of our future on this continent.”

She adds that Africa month provides a platform for reflecting on past experiences and achievements, as well as to critically assess the failures, challenges and the lessons learnt for the sake of a better future for the continent’s people.

Working relations across the continent

The UFS has working relations with universities, embassies and consulates in African countries such as Zimbabwe, Mozambique, Botswana, Zambia, Kenya, Namibia, Nigeria, Ghana, Uganda, and Tunisia.

Five cooperation agreements exist – they are with the Botho University (Botswana), Greater Zimbabwe University, Universidad Eduardo Mondlane (Mozambique), Trinity Theological Seminary Ghana, and Namibia Evangelical Theological Seminary.

According to Kanego Mokgosi, Senior Officer at Internationalisation, there are also working relations between the university and The Council for the Development of Social Science Research in Africa, Swedish International Development Agency and The United Nations Educational, Scientific and Cultural Organization. All of these focus on research development in Africa.

Most of the international students at the UFS come from the Southern African Development Community (SADC) and the continent. It hosts 1393 students from SADC countries.

“The UFS employs SADC protocol guidelines which, among others, enjoin SADC universities to admit at least 5% of their student population from the SADC region,” says Mokgosi.

Memorial Lecture by Dr Zeleza

On 24 May 2017 the Centre for Africa Studies hosted an Africa Day Memorial Lecture by Dr Paul Tiyambe Zeleza, the Vice Chancellor (President) of the United States International University Africa, Nairobi, Kenya.

The UFS library, in collaboration with the Department of English and the Office of International Affairs, also celebrated Africa Day on 25 May 2017. They hosted a conversation on the Land Debate in South Africa, together with the launch of a book titled White Narratives: The depiction of Post-2000 Land Invasions in Zimbabwe by Prof Irikidzayi Manase. He is an Associate Professor in the Department of English.

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