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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

Honorary doctorate to Archbishop Emeritus Desmond Tutu attracts wide attention
2011-01-27

Archbishop Emeritus Desmond Tutu after receiving his honorary doctorate in Theology at the UFS.
- Photo: Hannes Pieterse

 

The University of the Free State (UFS) awarded an honorary doctorate to Archbishop Emeritus Desmond Tutu on Thursday, 27 January 2011. The graduation ceremony, which was attended by guests from across the country marks a milestone in the history of the university.

Amongst the guests were the ambassador of the USA to South Africa, Mr Donald Gips; the British High Commissioner to South Africa, Dr Nicola Brewer; members of the local government; Ms Barbara Hogan, former Minister of Public Works and the daughters of Bram Fischer, Ruth Fischer-Rice and Ilse Fischer-Wilson. Friends of Dr Tutu, Dr Ahmed Kathrada, Ms Barbara Hogan and Dr Allan and Ms Elna Boesak also attended the occasion.
 
The UFS also received a message of congratulations from the Deputy President of South Africa, Mr Kgalema Motlanthe. “The choice to honour this exemplar of virtue to which most of the world still look for direction as it buckles under social, political and economic difficulties is laudable in all respects,” he said.
Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS, said: “We honour a great son of South Africa who made a tremendous contribution to peace, reconciliation and justice in South Africa and in the world.
 
“There were times when few of us thought apartheid would end in our lifetime, yet you stood as a rock reassuring us, not about a black future, but about our common future. For this reason, Arch, we would not miss this opportunity to honour you for any reason whatsoever.
 
“You, Sir, are a Jew among Muslims, a Christian among Hindus, a Catholic among Anglicans, a bridge-builder among all of us. That is why we love you; because you look deeper and see further than all of us.”
 
According to Prof. Francois Tolmie, Dean of the UFS’s Faculty of Theology, the university honours Dr Tutu for his contribution as theologian – through his teaching and the books he wrote – as well as for the role he played in bringing about reconciliation in South Africa as well as in the rest of the world. The university also honours Dr Tutu as a moral and spiritual leader who never sacrificed his integrity as a Christian.
 
Apart from being a church leader and a leading world figure, Dr Tutu is the author of several books and also held a number of teaching posts at various tertiary institutions.
 
In 1984, he received the Nobel Peace Prize for his role as a unifying leader figure in the campaign to abolish apartheid in South Africa. A further highlight in his career was his election as Archbishop of Cape Town in 1986. He was the first black African to serve in this position, which placed him at the head of the Anglican Church in South Africa.  
 
Many South Africans also remember the role he played when President Nelson Mandela appointed him in December 1995 to chair the Truth and Reconciliation Commission, which was established to investigate human rights violations during the apartheid era. The Archbishop guided the nation in the process of choosing forgiveness over revenge and in so doing set a historic international precedent.   
 
In 1996, he retired as Archbishop of Cape Town but continues to speak out in favour of human rights, equality and social justice in South Africa and throughout the world.
 
In August 2009, President Barack Obama presented him with the Medal of Freedom, the United States of America’s highest civilian honour. Dr Desmond Tutu is recognised around the world as a moral leader committed to the human rights of all people.
 
Today he is chairman of The Elders, a group of world leaders who, in view of their integrity and leadership, are equipped to deal with some of the world’s most pressing problems.
 
Prof. Tolmie says: “It is often asked how Dr Tutu could have achieved all this in the span of one lifetime. Some people would refer to his warm personality or his humanness, his deep sense of humility or his wonderful sense of humour. Probing a little deeper, however, one is struck by Dr Tutu’s deep relationship with God. He is known as a man of faith, a man of prayer. He lives his life coram Deo, in the presence of God.”
 
Dr Tutu also lead the introduction ceremony of the UFS’s International Institute for Studies in Race, Reconciliation and Social Justice.
 
 
Media Release
27 January 2011
Issued by: Lacea Loader
Director: Strategic Communication (actg)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za
 

 

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