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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

Nobel Laureate for Chemistry to visit UFS
2017-10-28

Description: Prof Levitt read more Tags: Prof Levitt read more

Prof Michael Levitt will be hosted by the UFS from
14 to 16 November 2017, where he will present the
first lecture in the Vice-Chancellor’s
Prestige Lecture Series.
Photo: Supplied

It is a great honour for the University of the Free State (UFS) to host Prof Michael Levitt, recipient of the 2013 Nobel Prize for Chemistry, which he shares with Marti Karplus and Arieh Warshel.

The trio received the Nobel Prize for their development of multiscale models used for complex chemical systems. “Being awarded the Nobel Prize is a unique and marvellous experience that no one can prepare for or could in any way know what to except,” said Prof Levitt during his 2013 Nobel Lecture at the Stanford University School of Medicine.

First lecture in Vice-Chancellor’s lecture series

The South African-born Nobel Laureate and Academy of Science of South Africa (ASSAf) Visiting Scholar will present the first lecture, Birth and Future of Multiscale Modelling of Macromolecules, in the Vice-Chancellors Prestige Lecture Series at the UFS on 14 November 2017. Prof Levitt is well-known for developing approaches which predict macromolecular structures.

He is one of many distinguished academics invited annually by ASSAf to deliver lectures as part of the Distinguished Visiting Scholars’ Programme, presented by ASSAf at universities across the country.

Pioneer in research of molecular dynamics

Prof Levitt is a biophysicist and a professor of Biology at Stanford University. He was one of the earliest researchers to conduct research on molecular dynamics stimulations of DNA and proteins. “My post-prize ambitions are twofold and probably inconsistent: (1) Work single-mindedly as I did in the mid-1970s on hard problems, and (2) Help today’s young scientists gain the recognition and independence which my generation enjoyed,” said Prof Levitt.

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