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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 busy with building projects to the value of R220 million
2010-07-26

Pictured at the sod-turning ceremony are, from the left: Mr Nico Janse van Rensburg (Manager: Physical Planning), Prof. Jonathan Jansen (Rector and Vice-Chancellor of the UFS) and Prof. Dennis Francis (Dean: Faculty of Education).
Photo: Ula van Zyl


Since 2009, the University of the Free State (UFS) has already rolled out building projects to the value of R220 million on its Main and Qwaqwa Campuses. 

Some of these projects include a new building for Education Training for the Faculty of Education, which will be erected at a cost of R21 million on the Main Campus opposite the UFS-Sasol Library. The sod-turning ceremony of the centre took place last week.

Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS, turned the first sod and a tree was also planted at the future entrance of this impressive building. “I am impressed with the eco-friendly design of the building and what the project promises for the future of the faculty and the UFS. It is important that the UFS continues to expand and improve,” he said.

The building, which will primarily be used for the training of Mathematics and Science teachers in the foundational phase, will amongst others boast three classrooms with seating for 100 students each, an auditorium that can seat 225 students and an office block. The auditorium will also be used as a classroom in the traditional African context of open-air teaching. The building has been designed to save water and power efficiently and will be completed by the end of 2011.

Other building projects that have been rolled out on the Main Campus this year include a building consisting of lecturing halls as well as offices for the Faculty of Health Sciences, a new skills laboratory, new laboratories, etc., at the Biotechnology Building, the renovation of the Stef Coetzee Building, die upgrading of various lecturing halls, the upgrading of service workers’ quarters, as well as the installation of computer rooms in virtually all the hostels.

Various other projects are in the pipeline, for example, extensions to the building in which the Department of Architecture is housed. At the Qwaqwa Campus, a new building for the Faculty of Education is under construction, laboratories are being renovated and new hostels for 200 students are being built. 

Media Release:
Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za 
26 July 2010



 

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