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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

Always good to be honoured at home, says Justice Richard Goldstone
2012-02-06

 

Justice Richard Goldstone received an honorary doctorate from the university on 3 February 2012.
Photo: Duard Grobbelaar

 

Dumela article (pdf document)
Justice Richard Goldstone's - acceptance speech (pdf document)
Mail & Guardian article (pdf document)

The University of the Free State (UFS) is determined to make a success of its academic and human projects, and is not prepared to compromise on standards in the process.

This was the message of Prof. Jonathan Jansen, Vice-Chancellor and Rector, at our universities official opening on Friday 3 February 2012. These projects, said Prof. Jansen, are the foundation of the institution.

The official opening coincided with an honorary doctorate in Law conferred on Justice Richard Goldstone.

The UFS has enrolled the “smartest and most diverse class since 1904,” Prof. Jansen said.
Top learners with six A’s, and more learners from top schools inside and outside South Africa, have made the UFS their university of choice. “We are determined that the best students must study at Kovsies.”

Prof. Jansen also referred to learners in the school system who sit and wait while teachers fight amongst themselves at the education departments. “What are we going to do with those students?” The UFS provides an opportunity for these students to enter higher education with its University Preparation Programme on its South Campus in Bloemfontein. “The fastest growth at our university is on this campus. It is set aside for children who cannot be taken up in the mainstream.”

Some of the students who were part of this programme are doctors, lawyers and teachers today.

“We set a high standard in our academic project to make sure our students are the best available.”

In its Schools Project, the UFS has 23 schools under its wing and the net is broadening. Pass rates in these schools improved dramatically; in some from 13% to 100% in one year.

The human project sets standards for good behaviour. “I was astounded to see how young people get together to find other people as human beings,” Jansen said. “I have enormous hope for this country.

Some of the other projects he mentioned were the provision of more space for students to study, a refocus on the Qwaqwa Campus in the Eastern Free State, the placement of new academics, and agreements with universities abroad on the placement of young scholars.

After receiving his honorary doctorate, Justice Goldstone congratulated the university on the fact that transformation did not lead to standards being compromised.

“The university now takes its place as a leading university on our continent. The leaders of the university can hold their heads up high about their achievements.”

Judge Goldstone, the bearer of 26 honorary doctorates from various countries around the world, said: “It is always good to be honored at home”.

The official opening was attended by staff, students, guests and community leaders.
 
 

Media Release
3 February 2012
Issued by: Lacea Loader
Director: Strategic Communication
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: news@ufs.ac.za
 

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