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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 committed to a two-language model
2010-08-13

  Prof. Jonathan Jansen

The University of the Free State (UFS) will continue to use a two-language model while it builds capacity for research and teaching in Sotho languages.

This was announced by the Rector and Vice-Chancellor of the UFS, Prof. Jonathan Jansen, when he delivered the 29th DF Malherbe Memorial Lecture on the Main Campus in Bloemfontein yesterday, on the topic: The politics and prospects of Afrikaans, and Afrikaans schools and universities.

“In the course of time black students will learn Afrikaans, white students will learn Sesotho, and all students will learn decent English,” he said.

“Classes will remain in English and Afrikaans, especially in the first years of study. Dual-medium classrooms will break down the racial isolation where outstanding university teachers are comfortable in both languages. Parallel-medium classes will exist where large numbers enable such a facility.”

He said schools and higher education institutions that continue to use language as an instrument of exclusion, rather than inclusion, would remain “culturally and linguistically impoverished”. He said the future of Afrikaans in these institutions lay in its inter-dependence and co-existence with other languages.

“A strong two-language model of education, whether in the form of double- or parallel-medium instruction within a racially integrated campus environment is the only way in which Afrikaans can and should flourish in a democratic South Africa,” he said.

“It is the only model that resolves two problems at the same time: the demand for racial equity, on the one hand, and the demand for language recognition, on the other hand.”

He said the idea of an exclusively Afrikaans university was a “dangerous” one.

“It will lock up white students in a largely uni-racial and uni-lingual environment, given that the participation rates in higher education for Afrikaans-speaking black students are and for a long time will remain very low,” he said.

“This will be a disaster for many Afrikaans-speaking students for it will mean that the closed circles of social, cultural and linguistic socialization will remain uninterrupted from family to school to university.

“Rather than prepare students for a global world marked by language flexibility and cultural diversity, students will remain locked into a sheltered racial environment at the very stage where most South African students first experience the liberation of the intellect and the broadening of opportunities for engaging with the world around them.

“The choice at the Afrikaans universities, therefore, must never be a choice between Afrikaans and English; it must be both.”

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

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