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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

Ford foundation funds higher education redesign
2005-06-23

 

The Ford Foundation has pledged a grant of almost R280 000 for redesigning higher education delivery at three campuses in the Free State.

According to Prof Magda Fourie, Vice-Rector: Academic Planning at the University of the Free State (UFS), the three campuses that will be affected by the strategic reconfiguration of higher education delivery are the Qwaqwa campus at Phuthaditjhaba and the Vista campus of the UFS in Bloemfontein and the Welkom campus of the Central University of Technology (CUT).

Prof Fourie says the three campuses were all affected by the restructuring of higher education, in line with the National Plan for Higher Education.

The Qwaqwa campus of the UFS that was part of the former University of the North was incorporated into the UFS in January 2003.  Likewise the Bloemfontein campus of the former Vista University was incorporated into the UFS in January 2004.

The Welkom campus of the CUT was also part of the former Vista University and was incorporated into the CUT in January 2004.

“These incorporations pose a challenge in that we have to think creatively about the best ways of using these three campuses to service the higher education, training, skills development and human resource needs of the Free State,” Prof Fourie said.

“The grant from the Ford Foundation will primarily be used to draw up strategic funding proposals for the three campuses.  The Qwaqwa campus of the UFS is a priority to us given the poverty and unemployment in a largely rural area of the Free State,” said Prof Fourie.

“A detailed consultation process will be undertaken in the Qwaqwa campus sub-region which will hopefully result in a comprehensive and a coherent suite of higher education activities being established on this campus,” said Prof Fourie.

“It is envisaged that the Qwaqwa campus will become a centre of excellence in the area of rural development.  This vision is based on a focused integration of the core functions of a university – teaching, research, and community service – around the issue of rural development,” said Prof Fourie.

Prof Fourie said that various educational offerings including among others short courses, bridging and foundation programmes, and degrees could be offered, with a particular focus on providing courses of relevance to students from the local rural community and students from elsewhere with an interest in focusing on rural development studies.

She said the redesign of the three affected campuses is being managed as a project of the Free State Higher Education Consortium (FSHEC) consisting of all the higher education institutions operating in the Free State.

“The aim of the project is to establish how the Qwaqwa and Vista campuses of the UFS and the Welkom campus of the CUT can be used effectively to meet regional education and training needs, to serve the strategic priorities of the two higher education institutions and contribute to the sustainable development and poverty alleviation of the region,” she said.

The planning for the Vista campus of the UFS is still in an early stage.  “We are looking at the possibility of developing this campus into a hub of education and training opportunities for Bloemfontein and Free State region.  Further plans will be communicated later in the year,” said Prof Fourie.

Media release

Issued by:  Lacea Loader
   Media Representative
   Tel:  (051) 401-2584
   Cell:  083 645 2454
   E-mail:  loaderl.stg@mail.uovs.ac.za

23 June 2005
 

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