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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

Vice-Chancellor honoured with major awards
2013-05-02

02 May 2013

The University of the Free State (UFS) is proud to announce that Prof Jonathan Jansen, Vice-Chancellor and Rector, has been awarded a number of major awards recently.

The University of California in the United States awarded him the Alice and Clifford Spendlove Prize in Social Justice, Diplomacy and Tolerance. The award is made in recognition of persons who exemplify in their work the delivery of social justice, diplomacy and tolerance in the diverse local and global society.

“The committee was very impressed with the commitment that Prof Jansen has had to reconciliation and forgiveness as a way to build bridges and to find common ground. Prof Jansen is following in the steps of many of our greatest peace-time leaders and we support his efforts to bring understanding to all cultures,” said Mark Aldenderfer, chair of the awards committee and Dean of the School of Social Sciences, Humanities and Art at the University of California.

Prof Jansen also received the 2013 Academia Award at the Sixth Annual Ubuntu Lecture and Dialogue Awards Ceremony of the Turquoise Harmony Institute on 4 April 2013 in Johannesburg. The Institute aims to foster relations among different faith and cultural traditions to contribute to the well-being of humanity.

According to the organisers, “outstanding individuals who made noteworthy contributions to dialogue, peace and harmony in the society,” are given recognition during the ceremony. The awards are made in a number of different categories. Prof Jansen was among the recipients who included Graca Machel and the South African National Editors Forum (SANEF). Previous winners of Turquoise Awards include Ahmed Kathrada, Chester Williams, Dr Frene Ginwala and Prof Russel Botman.

On 10 May 2013, Prof Jansen was also honoured by Kappa Delta Pi International Honour Society in Education. He was awarded membership of the Laureate Chapter of the society founded in 1911 which “is comprised of men and women who have made distinguished contributions to education, and is limited to 60 living persons”. Prof Jansen joins an exclusive membership of 293 which includes such luminaries as Albert Einstein, Eleanor Roosevelt, Jean Piaget and George Washington Carver.

Also in the United States, Prof Jansen has been invited to be Messenger Lecturer for Fall 2013 at Cornell University. He will give three lectures and interact with the students and staff of Cornell at various functions.

“This is a significant honour and it will really allow members from across the university to get a deeper appreciation of the work you are doing at UFS and in South Africa more broadly,” said Prof Judith Byfield of Cornell’s Department of History and Director of Graduate Studies at the department’s Africana Studies and Research Centre.

On the local front, City Press published its inaugural 100 World Class South Africans on 28 April 2013. During a rigorous selection process, 100 of our country’s most extraordinary citizens who have achieved world-class status were chosen. Prof Jansen’s achievements procured him a place on this prestigious list in the category: Heroes and Mavericks.

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