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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 can lead SA in race relations - Ramphele
2010-08-06


 

 
Pictured are: Dr Boesak and Dr Ramphele
Photo: Mangaliso Radebe

The University of the Free State (UFS) could well be a perfect model of excellence in race relations that the whole of South Africa could emulate.

This was said by Dr Mamphela Ramphele, the first African to be a Managing Director of the World Bank, during the Anti-Racism Network in Higher Education (ARNHE) Colloquium held at the UFS recently.

“Healing circles need to be constructed on this campus to address issues raised by the Reitz incident,” she said.

“You might yet be the pioneer of what needs to happen on a nation-wide level.

“Can we confidently commit today to go on this quest for a true humanity and walk together as fellow citizens and strive for a more human face for our society? That is our challenge. That is what the UFS is called to give leadership to.”

“It is this human face which has the power to liberate us from the body of death and strengthen us in our struggle for meaningful life together in South Africa,” added one of the main speakers, Dr Allan Boesak, a cleric and former anti-apartheid activist.

However, said Dr Ramphele, this could only be achieved if all South Africans, black and white, abandoned the fear for each other that was hindering, if not stalling, progress in this regard.

“Fear of each other is the most important impediment to the sustainability of our journey into a society united in our diversity,” she said.

“People in this country are afraid to stand up and be counted, including many vice-chancellors and clerics. They are afraid of being seen to be difficult, and that is a major problem. Fear is the most destructive emotion that you can have because it makes you really incompetent and unable to respond to challenges.”

She said the biggest impediment, though, to ending racism was denial. “White people deny vehemently that they are or have ever been racist,” she said.

“We need to go through a process of acknowledging our wounds and scars from our racist past and present missteps in public policy.”

“Instead of saying they are sorry, those who are conscious of their whiteness should rather say what they are sorry for,” said another main speaker, Prof. Dennis Francis, the Dean of the Faculty of Education at the UFS.

On the other hand, according to Dr Boesak, blacks were and still are, to a large extent, also to blame for their own ongoing oppression. “The key here was the acknowledgement of our sheepish timidity, our complicity,” he said.

The Chairperson of ARNHE, Prof. Norman Duncan, had this to say: “If we are to confront and eradicate racism in higher education institutions, we should not do so to create comfort zones for ourselves.”

The theme of this ARNHE Colloquium was Black consciousness and those conscious of their whiteness. It was presented by the International Institute for Studies in Race, Reconciliation and Social Justice at the UFS.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za 
6 August 2010


 

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