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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 seals cooperation with National Institute for Higher Education
2006-03-20

At the signing of the agreement were seated from the left Prof Magda Fourie (Vice-Rector:  Academic Planning at the UFS) and Dr Pearl Nkosi (Head: Academic Planning at the NIHE). Standing from the left were Dr Kopano Taole (acting head of the NIHE) and Mr Vernon Collett (Registrar: Academic Student Services at the UFS).
Photo: Stephen Collett

UFS seals cooperation with National Institute for Higher Education

A formal memorandum of understanding was recently signed between the  University of the Free State (UFS) and the National Institute for Higher Education in the Northern Cape (NIHE).

The memorandum was signed to give both institutions a clear understanding of the way in which collaborative programmes should be implemented.

“Although the UFS has been presenting two bachelors degree courses (i.e. B Soc Sc in Human and Societal Dynamics and B Com in General Management) and the Career Preparation Programme at the NIHE since 2003, the cooperative agreement was never formalised,” explained Prof Magda Fourie, Vice-Rector:  Academic Planning at the UFS, during the signing ceremony.

These academic programmes, presented by facilitators living in Kimberley and lecturers from the UFS, serve 270 students and the entry requirements of the programmes are determined by the UFS.

Prof Fourie said the UFS had a history of a relationship with the NIHE.  The partnership should be seen as an example of how two institutions of higher learning can work together to serve the needs of the students in the region.

“The memorandum of understanding is part of the UFS’s commitment to and engagement with the central region.  As the NIHE is currently operating in a policy vacuum, the memorandum is underpinned by certain principles aimed at providing some parameters within which the relationship is established and developed,” she said.

Dr Kopano Taole, acting head of the NIHE, added to this by saying that the understanding of where the NIHE wants to take the partnership is now reflected in the memorandum of understanding. 

“The memorandum is the culmination of many years of hard work and of helping the people of the region.  The continued input and guidance of the UFS is of tremendous help to us and through this we gained a greater sense of what the NIHE can grow to be,” he said.

The NIHE is a joint initiative of the BHP Billiton Development Trust (BBDT) and the Northern Cape Provincial Government and was established in June 2004.  The National Plan for Higher Eduation (NPHE 2001) proposed the establishment of the NIHE in the Northern Cape to serve as the administrative and governance hub for ensuring the coherent provision of higher education through programme collaboration between the higher education institutions operating in the Northern Cape.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
20 March 2006

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