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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

DNA sequencer launched at the UFS
2013-11-25

Dr Gansen Pillay, Deputy Chief Executive Officer of the National Research Foundation, explaining to the scholars what will be expected of them.

The University of the Free State (UFS) can now collect immensely valuable data on drug resistance in HIV/Aids and TB with the new DNA sequencer that was launched recently at the International workshop on HIV/AIDS and TB drug resistance at the Bloemfontein Campus.

The DNA sequencer will allow the Free State province to produce viral and bacterial genetic data to fight the local development of HIV/ Aids and TB drug resistance.

The HIV and TB epidemics have expanded very fast and South Africa now has the largest HIV and TB treatment programme in the world, with over 2 million patients on treatment. However, these successful treatment programmes are now being threatened by the appearance of drug resistance.

The Free State province has been at the forefront of fighting HIV drug resistance in South Africa and has one of the most advanced treatment programmes for the management of resistance strains in the country. In addition, researchers at the University of the Free State are leading partners in the Southern African Treatment and Resistance Network (SATuRN; www.bioafrica.net/saturn), a research network that has trained over 2 000 medical officers in the treatment of drug resistance strains.

The Department of Medical Microbiology and Virology in the Medical School at the UFS has partnered with the provincial department of health, the Medical Research Council (MRC) and the Delegation of the European Union to South Africa to fund a dedicated DNA sequencer machine that will be used to generate HIV and TB drug-resistance results. This new machine will enable cutting-edge research to take place, using the data in the province and, importantly, support patients with resistance strains to have access to advanced genotypic testing techniques.

“HIV drug resistance is a very serious problem in South Africa, and the recent advances in DNA testing technology allow clinicians in the province to access drug resistance testing, which enables them to manage patients appropriately who fail treatment, and use the results to cost-effectively extend and improve patients’ lives,” says Dr Cloete van Vuuren, Specialist in Infectious Diseases at the UFS’s Faculty of Health.

Dr Dominique Goedhals, pathologist from the Department of Medical Microbiology and Virology at the UFS, adds: “We have been looking forward to expanding our work with the clinicians and researchers, using DNA sequencing to shed light on the causes and consequences of drug resistance in urban and rural settings in the province.”

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