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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

Top PhD graduates hailed for excellent research in development and historical studies
2017-07-11

 Description: Top PhD graduates hailed for excellent research  Tags: Top PhD graduates hailed for excellent research  

Prof Melanie Walker and Prof Ian Phimister

The Centre for Research on Higher Education and Development and the International Studies Group celebrated its PhD graduates on 26 June 2017. The four graduates were joined by their PhD promoters Prof Ian Phimister and Prof Melanie Walker, the Dean of the Faculty of Economic and Management Sciences, and their families, who came from far and wide, as well as various faculty academics and staff. Their areas of study ranged between Development Studies and Africa Studies, exploring issues that make a significant impact on the Southern African region and the continent as a whole.

In the Faculty of Economic and Management Sciences, specialising in Development Studies, Dr Faith Mkwananzi, promoted by Prof Merridy Wilson-Strydom, explored the lives and educational aspirations of marginalised migrant youth, a case study in Johannesburg. She focused on the complex nature of the daily lives and experiences of marginalised migrant youth and the complexities that influence the formation and achievement of educational aspirations in contexts of vulnerability and disadvantage. The study provides compelling evidence for policy and practice that can make the lives of marginalised young migrants better.

A focus on teaching and learning in Zimbabwean universities with a focus on quality as a human development, was what Dr Patience Mukwambo, put her research efforts into. Her work makes an original contribution to national, continental, and international debates on conceptualising and operationalising the quality of teaching and learning in higher education. She successfully developed a significant alternative approach to understanding what quality in higher education teaching and learning entails, the factors that influence the realisation of quality as she theorises it, and the overall importance for human development and human well-being in universities and society.

Dr Bothwell Manyonga, who also specialised in Development Studies, examined the broader debates on the purposes and practices of teaching and learning in higher education with a case study at two South African universities, with an emphasis on principles of social justice and equity. In the thesis, he developed a model that proposes grounds for (re)thinking sociology teaching and learning to address how the capabilities approach and dominant human capital theory might complement each other in higher education and curriculum development. This takes into account both the instrumental aim of employment, which is of concern to students, as well as the intrinsic goods of critical discourse and personal development.

In the Faculty of the Humanities, with a specialisation in Africa Studies, Dr Abraham Mlombo’s doctoral research explored the relationship between Southern Rhodesia and South Africa 1923-1953, examining the ‘special relationship’ between the two countries from the former’s perspective, highlighting the complexity of the ties between them by examining (high) political relations, economic links and social and cultural ties. “It is through Abraham’s research that for the first time, black experiences of both sides of the colonial border are detailed,” said Prof Phimister.

In congratulating the graduates, Prof Melanie Walker expressed that a lot of hard work was put into training the PhD candidates and they had without a doubt produced work that was of the highest level, at international standards.

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