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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

Open Day attracts thousands
2012-05-02

 

Campus was abuzz with prospective students and their parents finding out what Kovsies has to offer.
Photo: Kaleidoscope Studios
1 May 2012

“It is easier to pass Grade 12 today because we don’t have a standard. However, at the University of the Free State, standards are important.”

This was Prof. Jonathan Jansen, Vice-Chancellor and Rector of the UFS’ message when he addressed a packed Callie Human Centre on the Bloemfontein Campus during this year’s Open Day.

“This university is the jewel of the country. Here at Kovsies we take academic standards seriously. You must know who you are in a place where academic standards are extremely important. Anyone can obtain a degree, but here you can get more than a degree. You get an education,” he said to the more than 5 000 learners and parents from across the country.

“It is not only important that you study here in South Africa, but also in other countries. That is why our students study all over the world. You must think out of your comfort zone, have a big heart, achieve great heights and show everyone that you are a Kovsie.

But, it is not all about studying – it is also about being human and reaching out to others. When you come to this university, you will also do other things that will make you proud of being a Kovsie.

Quality looks for quality. Therefore, work hard and study hard because you need to be at a good university,” he said.

The programme consisted of, among others, a spectacular laser show, a performance by Bobby van Jaarsveld and special messages from DW Bester and Sannah Mokone, Rhodes Scholars currently studying at Oxford University in the United Kingdom.

In a pre-recorded message DW, a Ph.D. student in Mathematical Statistics, encouraged prospective students to work hard and persevere. Sannah, doing a Master’s degree in African Studies, said she believes in the future of the African continent. “I believe in our future students and know you can make it.”

Prof. Jansen also introduced some of the university’s recent student achievers such as Jurie Swart, regional winner of the Corobrik Architectural Student of the Year Award; Farzana Samuel, named by the Association of South African Quantity Surveyors (ASAQS) as the most outstanding student in quantity surveying for 2012; and Sibusiso Tshabalala, one of Google’s Top 10 Young Minds.

Richard Chemaly, President of the Central Student Representative Council (CSRC), said that, by coming to Kovsies, prospective students would become the best person they can be. “We have over 70 student organisations to help you take part in student life activities. So, make use of these opportunities,” he said.

The programme concluded with an introduction to the seven faculties by the respective deans.

The estimated 7 000 prospective students and their parents also had the opportunity to visit faculties and the stalls of residences.
 

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