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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

Statement regarding pulping of books by the UFS Sasol Library
2017-12-07


With reference to reports in the media and social media since 5 December 2017 about the pulping of books by the UFS Sasol Library, the executive management of the University of the Free State (UFS) would like to put the matter into perspective.
 
The book collection of the library is governed by a Library Committee of Senate, and no books can be removed from the library without formal approval from the committee. The university values the wealth of knowledge preserved in the library, and will not act irresponsibly with its collection.
 
Although the executive management takes note of the comments of some concerned organisations and members of the public in the media and social media the past couple of days, no books were removed from the library and sent to be pulped – only bound journals of which the university has online versions. These are journals that have been removed from the journal section for quite some time, and have not been used for a considerable number of years.
 
The decision to reduce the size of the collection to at least 35%, and to secure remote storage in close proximity of the library in Bloemfontein for some of the collections, was taken after a thorough external review of the library in 2014 as well as a gap review this year.
 
Two aspects were actioned after the review: books which have not been used at all in the past 20 years were moved to a storeroom in the library; journals removed from the journal section which have not been used actively for quite some time and which are not available online or cannot be found elsewhere through any means, will be moved to a remote storage in Bloemfontein and be retrieved as the need arises.
 
The only journals sent for pulping were those readily available online through current subscriptions, journals that the library is not subscribed to but are freely available online, journals that have since become Open Access Journals, magazines that have popular titles and are of no academic value, annual reports of societies and associations, and some abstracts. Thorough and responsible evaluation of these bound journals was done before they were sent for pulping.
 
The move of the books to a store room in the library and the removal of the bound journals will provide space to implement recommendations by the task team assigned by the Rector and Vice-Chancellor, Prof Francis Petersen, to investigate repurposing the library into a world-class, state-of-the-art library where physical and virtual space is created to support multi-purpose learning spaces for students, collaborative and group learning, and providing space for more innovation in the library through technology, thus enhancing the overall student and user experience.

Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

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