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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

UFS staff among proud PhD graduates
2013-06-28

Prof Dave Lubbe with his two daughters, Leandi Steenkamp (left) and Nandi Lubbe.
Photo: Stefan Lotter

An exceptional moment at this year's graduation ceremony was when the two daughters of an academic, Prof Dave Lubbe of the Centre for Accounting, obtained their master's degrees. "It is indeed a highlight in my career that my daughters received their master's degrees cum laude at the same graduation ceremony, under my supervision!"

Prof Lubbe's two daughters, Nandi Lubbe and Leandi Steenkamp, both received their MCom with distinctions in Accounting. They completed their degrees under the supervision of Prof Lubbe and Nandi also won the Dean's medal as the best M student in the Faculty of Economic and Management Sciences.

Julia Ramabenyane Mamosebatho and Emmie Smit. Julia, of the Faculty of Education: School for Social Sciences and Language Education, received her PhD in Curriculum Studies. Her thesis was on The facilitative role of Grade 1 teachers in the development of reading skills in Sesotho. Emmie, from the Office of the Dean: Education, did her thesis on Appreciating the University of the Free State's transformation: A juxtaposed journey with Alice to Wonderland. With this, she obtained her PhD in Higher Education Studies.

 

Merridy Wilson-Strydom and Deidre van Rooyen. Merridy obtained her PhD in Higher Education Studies. Her thesis A framework for facilitating the transition from school to university in South Africa: A capabilities approach, is a comprehensive and ambitious research project that was accomplished with great academic mastery. With her thesis, Civic culture and local economic development in a small town, Deidre obtained her PhD in Development Studies.

 

 
 The Institute for Groundwater Studies (IGS) boasted with five students who received their doctor’s degrees at this Winter Graduation. They are, from the left, front: Vierah Hulley, Chris Moseki, Ferdie Linde, Abdon Atangana and Jacob Nyende. Back is Prof Jopie Botha, Prof Gerrit van Tonder and Dr Danie Vermeulen.

 

 

Modulathoko Irvin Mabokgole received his master's degree in Mathematical Statistics and Actuarial Science. He also received the Senate Medal for best master's student at the university.

 

 

Dave Mills obtained his master's degree in Practical Theology.

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Manie Moolman received his PhD in Higher Education Studies. With his thesis, Competence directives for enhancing the employability of hospitality management graduates in South Africa, he addresses one of the most important challenges facing higher education training in hospitality management, namely the training of employable graduates.

 

 

Jo-Marí Visser obtained her PhD in Criminal and Medical Law. With her thesis First generation forensic evidence and its influence on legal decision-making: A South African perspective, she investigates forensic evidence and the collection thereof at the crime scene.

 

Maralize Conradie received her master's degree in Commercial Law. The subject of her thesis is A critical analysis of the right to fair labour practices.

 

Jan Beukes received his PhD in Music – Performing Arts. This lecturer at the Odeion School of Music's thesis is titled: Oorwegings by die realisering en dokumentering van 'n duet- of duo-orreltranskripsie van Fauré se Requiem (op. 48).

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