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BELA: Beyond Friday the 13th

13 December 2024 Photo Supplied

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

SA cannot sustain momentum - Boesak

2010-09-02

Photo: Stephen Collett

South Africa finds it increasingly difficult to live up to the challenges facing it as a nation because of its failure to meet its democratic ideals and possibilities, peace and lack of self-belief.

This was according to renowned cleric and former political activist, Dr Allan Boesak, who recently delivered the CR Swart Memorial Lecture, the oldest memorial lecture at the University of the Free State (UFS). His lecture was on the topic Creating moments, sustaining momentum.

He said South Africa had plenty of opportunities to show the whole world what was possible if all the people of this country joined hands and worked together to build a truly united society. However, he said, the country somehow invariably contrived to find its way out of these wonderful possibilities.

He cited events of historical significance like Codesa, the inauguration of Nelson Mandela as the first democratic president of South Africa, the assassination of South African Communist Party leader, Chris Hani; and the rugby and soccer world cups.
To drive his point home about this dismal failure of the country to “sustain momentum”, he alluded to the current public servants’ strike that is gradually crippling public service.

“The public servants’ strike was neither unexpected nor is it completely unjustifiable. Most of us have understanding for the frustration of teachers and health workers. Their demands resonate with most of us, and I think that it is scandalous of SACP fat cats to tell workers to “stop crying like babies,” he said.

He also added to the criticism of the much-maligned decision of the government to spend billions of taxpayers’ money to purchase weapons when there was “no discernible military threat” to the country. He said the greatest threat to the security of the country was poverty, inequality and social cohesion.

“As for the argument that arms sales bring in foreign exchange – how can we be instrumental in killing the poor elsewhere with the intention of feeding our poor, and then our ill-gained profits feed only the already well-fed?” he asked.
“Can we see the hopeless contradiction, the total impossibility of being both the apostle of peace and a merchant of death?”

He also lambasted the Black Economic Empowerment (BEE) policy of the government which he said benefited only those connected to the political aristocracy.

“It couples with the unashamed, in-your-face display of wealth by the privileged elite in this country, the crass materialism of the so-called “bling generation”, and the casual carelessness with which promises to the poor are given and treated. It is only the public symptom of the deep-seated scorn our political elites feel for the poor,” he said.

He said the government’s disdain to the poor was “setting fire to our future”.

“The anger of people on the ground can no longer be denied or ignored, and little by little, the leadership articulating and directing this anger is being estranged from politically elected leadership, and even more disturbing, from our democratic processes,” he said.

He concluded that the country’s difficulty in dealing with race and racism was putting the reconciliation process kick-started by Mandela just over a decade ago, under a threat.

Complete Lecture

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