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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

2014 Winter Graduation
2014-06-27

 
It is time for the 2014 Winter Graduation on our Bloemfontein Campus. From 2 – 4 July 2014 Masters and Doctoral degrees will be bestowed on graduates from across all seven faculties as well as the School of Open Learning. These include the conferral of Medicine degrees on the South African Cuban trainees.

Wednesday 2 July 2014 at 14:30: School of Open Learning
The School of Open Learning will confer a total of 609 degrees this year – almost double compared to the 320 of last year.

Thursday 3 July 2014 at 09:30: Faculty of Natural and Agricultural Sciences
Prof Magdalena Blum will receive an Honorary Doctorat, DPhil honoris causa, at this event. Prof Blum is an Extension Systems Officer in Rome. She works for a specialised agency of the United Nations called the Food and Agriculture Organization. This organisation’s mandate is:
• to improve nutrition,
• increase agricultural productivity,
• raise the standard of living in rural populations and
• contribute to global economic growth.

Her position serves to modernise and strengthen rural advisory services, their systems and networks worldwide. She has filled this position for almost nine years.

Prof Blum is driven by a passion for development, humanitarian work and female upliftment, but most of all, to enable people to help themselves.

Blum’s life has taken her from a small German village to Africa, Asia and Europe – and she has made an impact wherever she went.

Thursday 3 July 2014 at 14:30: Faculties of Economic and Management Sciences, Humanities, Education, Health Sciences, Law and Theology
At this ceremony, Faculty of the Humanities will award an Honorary Doctorate, DPhil honoris causa, on Prof Laura Mulvey. She is a feminist film theorist and worked at the British Film Institute for many years. She is currently a professor at Film and Media Studies at Birkbeck, University of London.

Prof Mulvey was prominent as an avant-garde filmmaker in the 1970s and ‘80s. In collaboration with her husband, Peter Wollen, she co-wrote and co-directed:
• Penthesilea: Queen of the Amazons (1974),
• Riddles of the Sphinx (1977, perhaps their most influential film),
• AMY! (1980),
• Crystal Gazing (1982),
• Frida Kahlo and Tina Modotti (1982), and
• The Bad Sister.

In 1991, she returned to filmmaking with Disgraced Monuments, which she co-directed with Mark Lewis.

Friday 4 July 2014 at 10:30: Special Graduation Ceremony
Conferral of Medicine Degrees on the South African Cuban trainees at the UFS

Live streaming will be available on: http://www.ufs.ac.za/ufslivestreaming/

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