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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

Little ‘Devil’s Worm’ on Top 10 New Species list
2012-05-29

 

Halicephalobus mephisto (Devil’s Worm)
Photo: Supplied
29 May 2012

A minuscule little worm found and researched with the assistance of researchers at the university has made it onto the list of Top 10 New Species of the world. The list was published by the International Institute for Species Exploration (IISE) at Arizona State University and a committee of scientists from around the world. It lists the top ten new species described in 2011.

An article on the new worm species appeared in the authoritative journal Nature in June 2011.
 
Prof. Esta van Heerden, leader of the university’s research team, says, “In our wildest dreams, we could not have imagined that we would get so much reaction from the worm’s discovery. We had to do so many checks and balances to convince Nature that the worm could survive in the old and warm water. We were very excited when the article was accepted but the media reaction was unbelievable.”
 
The tiny nematode, Halicephalobus mephisto (Devil’s Worm) of about 0,5 mm in length, is the deepest-living terrestrial multi-cellular organism on earth. It was discovered in the Beatrix gold mine near Welkom at a depth of 1,3 km.
 
The IISE says in a statement the species is remarkable for surviving immense underground pressure as well as high temperatures. The borehole water where this species lives has not been in contact with the earth’s atmosphere for the last 4 000 to 6 000 years.  
 
This top-10 list includes a sneezing monkey; a beautiful, but venomous jellyfish; a fungus named after a popular TV cartoon character; a night-blooming orchid; an ancient walking cactus creature; and a tiny wasp. A vibrant poppy, a giant millipede and a blue tarantula also made it onto the list.
 
The international selection committee made its choice from more than 200 nominations. They looked for species that captured the attention because they were unusual or because they had bizarre traits. Some of the new species have interesting names.
 
Prof. Van Heerden says, “We are very thankful for the exposure that the university gets as a result of the inclusion on the list and we enjoy the international cooperation immensely.”

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