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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 appoints Jansen as rector
2009-03-15

The Council of the University of the Free State (UFS) is pleased to announce that it has agreed to offer the post of Rector and Vice-Chancellor of the UFS to internationally renowned academic Prof. Jonathan Jansen, making him the first black Rector and Vice-Chancellor of the institution in its 105-year history.

This decision was taken by an overwhelming majority, signalling the commitment of the UFS to continue as a world-class university that will at the same time pursue the objective of transformation in the interests of the entire university community.

Announcing the decision today (Friday, 13 March 2009), the Chairperson of the UFS Council Judge Faan Hancke said the UFS was privileged to have had candidates of the highest calibre apply for the position. An international executive search agency specialising in academic appointments had assisted the UFS Council in its search for top quality candidates.

“This has been a truly vibrant, transparent and participatory selection process, which has resulted in our institution being able to make this historic appointment,” said Judge Hancke.

“I appeal to the entire UFS community, staff, students and alumni to support the new Rector and Vice-Chancellor in his endeavour to lead this institution to greater heights. This is an important moment in the life our institution. We should celebrate this achievement as a united university community,” Judge Hancke said.

“As a council we are now unanimously behind Prof. Jansen and want to assure him of our full support,” Judge Hancke said.

In response to his appointment, Prof. Jansen said it was a great privilege and that he would really do his utmost best to be of service to the UFS.

In his statement of intent which was submitted earlier as part of his application for the post, Prof. Jansen indicated that if appointed he “would be deeply honoured to lead one of South Africa’s great universities”.

“The University of the Free State has gained a national reputation for three things: [1] its turnaround strategy in terms of financial stability in a context where external funding has been uncertain; [2] its research strategy which has seen a steady and impressive growth in research outputs; and [3] its managerial decisiveness in the wake of the Reitz incident,” Prof. Jansen said.

Regarding the challenges facing the UFS, Prof. Jansen said in his statement of intent: “The UFS has to find a way of integrating classroom life while at the same time ensuring the promotion of Afrikaans, an important cultural trust of the institution, as well as Sesotho and other indigenous languages. It has to bring academic staff, administrative staff, workers, students, as well as the parent community behind a compelling vision of transformation that works in the interest of all members of the university community. And it has to rebuild trust and confidence among students and staff in the mission of the university.”

Prof. Jansen is a recent Fulbright Scholar to Stanford University (2007-2008), former Dean of Education at the University of Pretoria (2001-2007), and Honorary Doctor of Education from the University of Edinburgh. He is a former high school Biology teacher and achieved his undergraduate education at the University of the Western Cape (BSc), his teaching credentials at UNISA (HED, BEd) and his postgraduate education in the USA (MS, Cornell; PhD, Stanford).

He is also Honorary Professor of Education at the University of the Witwatersrand and Visiting Fellow at the National Research Foundation.

His most recent books are Knowledge in the Blood (2009, Stanford University Press) and his co-authored Diversity High: Class, Color, Character and Culture in a South African High School (2008, University Press of America). In these and related works, he examines how education leaders balance the dual imperatives of reparation and reconciliation in their leadership practice.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
13 March 2009
 

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