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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

“Aren’t auntie and them hungry yet?” Country folk worried about NSH hikers
2014-05-15

About 5 km short of Wortelfontein Guestfarm in the Northern Cape, Rachel Swart is sitting on the porch of her peasant house when four people come walking down the dirt road.

Guests on foot are not a regular sight in this region, because you must understand, Wortelfontein is situated where Hanover lies far behind you and Richmond is still a very long way off.

 

The four people on the dirt road are the hikers from the University of the Free State (UFS) on their way to Cape Town (on foot) to create awareness for food-insecure students at the UFS.

Adele van Aswegen, Ronel Warner, Ntokozo Nkabinde and Nico Piedt are already on the road for more than two weeks as part of the No Student Hungry bursary’s (NSH bursary) fundraising efforts. The bursary provides assistance to students at the UFS who often do not have enough to eat.

On day 12 of their walk, the plan was that our hikers would stay at Wortelfontein Guestfarm, but unfortunately they took the wrong turnoff. It is precisely at this point where they met Rachel.

“I will show you where Wortelfontein lies. One can easily get lost here,” says Rachel decidedly and points to the straight main road. She ties her baby skilfully behind her back with a towel and tackles the next 5 km together with our hikers.

“It is this kind of support and encouragement that keep us on the road,” says Adel.

Everywhere along the road people are stunned and concerned about the four’s trip and immediately offer their help.

Near Trompsburg, an elderly couple who just heard about the hikers at church, stop next to them and offer them a lift to the next town. They are thankful for the gesture, but have to decline the offer.

Between Trompsburg and Springfontein, Doug offers to take them to Springfontein. Once again they decline the offer.

There was also the uncle who wanted to buy them cool drink and the road workers who cheered them on.

In Colesberg a group of children asked worriedly: “Aren’t auntie and them hungry yet?”


These boots are made for walking ... to Cape Town (Article of 02 May 2014)


Daily updates:
(You can also follow us on @UFSweb for daily tweets)

Day 21: 21 May 2014
15:09
42 km
Leeu Gamka Hotel

Day 20: 20 May 2014
13:39
20 km
Alida, Springfontein

Day 19: 19 May 2014
12:31
27.6 km
Teri Moja Game Lodge

Day 18: 18 May 2014
First rest day
Nagenoeg Guesthouse, Beaufort West

Day 17: 17 May 2014
19:30
62.3 km
Nagenoeg Guesthouse, Beaufort West

Day 16: 16 May 2014
13:00
14 km
Taaibochfontein

Day 15: 15 May 2014
16:03
32 km
Travalia, Three Sisters

Day 14: 14 May 2014
18:33
43 km
Joalani Guest Farm
 
Day 13: 13 May 2014
17:30
33 km
Die Rondawels
 
Day 12: 12 May 2014
16:49
40 km
Aandrus B&B in Richmond
 
Day 11: 11 May 2014
39 km
Wortelfontein (Magdel and Christiaan)
 
Day 10: 10 May 2014
15:44
34 km
Hanover Lodge
 
Day 9: 09 May 2014
40.8 km
Camping between Colesberg and Hanover
 
Day 8: 08 May 2014
15:25
33.7 km
Colesberg, The Lighthouse Guesthouse

Day 7: 07 May 2014
15:08
23 km
Orange River Lodge

Day 6: 06 May 2014
15:57
51.06 km
Gariep Forever Resort

Day 5: 05 May 2014
12:18
28 km
Rondefontein

Day 4: 04 May 2014
15:27
35 km
Trompsburg: Fox Den

Day 3: 03 May 2014
17:30
46.74 km
Edenburg Country Lodge (Hotel)

Day 2: 02 May 2014
11:44 am
15.3 km
Tom's Place

Day 1: 01 May 2014
32 km
Leeuwberg

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