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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

Reflection should stimulate action – Prof Petersen
2017-05-25

 Description: Panel discussion: Reflection should stimulate action  Tags: Panel discussion: Reflection should stimulate action

Panellists at a discussion held by the Institute for
Reconciliation and Social Justice were, from the left,
Prof Elelwani Ramugondo of the University of Cape Town,
Prof Melissa Steyn from Wits, Prof Francis Petersen,
Vice-Chancellor and Rector of the UFS, and SK Luwaca,
president of the Student Representative Council on the
Bloemfontein Campus.
Photo: Johan Roux

Photo Gallery

The University of the Free State (UFS) should be a place of belonging, a place where staff, academics and students belong and can make a contribution to a democratic society.

This is according to Prof Francis Petersen, Vice-Chancellor and Rector of the UFS. He was one of four panellists at a discussion, titled Diversity, inclusivity and social justice and the renewed call for decolonisation, hosted by the Institute for Reconciliation and Social Justice (IRSJ). Prof Elelwani Ramugondo from the University of Cape Town, Prof Melissa Steyn from Wits, and SK Luwaca, president of the Student Representative Council on the Bloemfontein Campus, were the other panellists.

The IRSJ facilitated the discussion, which formed part of the inauguration proceedings for Prof Petersen as new Vice-Chancellor and Rector, in the Albert Wessels Auditorium on the Bloemfontein Campus on 18 May 2017.

Renewed thinking about decolonisation

Prof Steyn said: “We can develop our vocabulary to understand our real differences.” She noted that we are all part of reproducing, resisting and reframing the current order.

Universities should be a place where questions can be asked, Prof Ramugondo said. She elaborated on the term decolonisation, saying we needed to investigate how we related and reflected on it, mentioning the myths that surrounded the term. “We should renew our thinking [about decolonisation] at universities,” she said.

“We can develop our vocabulary
to understand our real differences.”

What does a transformed UFS look like?
According to Luwaca unity isn’t something that can be faked, but everybody should work towards it, building a rainbow nation together. It is important for everyone to be on the same page: “We have to ask ourselves what a transformed university looks like.”

Prof Petersen said it was important to often pause and reflect: “Reflection should stimulate action. Reflection is not something without action.”

After the discussion, a lively question-and-answer session with the panellists took place. Prof André Keet, director of the IRSJ and facilitator of the discussion, suggested the gathering should be the start of many similar engagements.

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