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BELA: Beyond Friday the 13th

13 December 2024 Photo Supplied

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

New SRC: Records of support and a victory for women

2014-09-04

Ms Mosa Leteane and Ms Louzanne Coetzee
Photo: Johan Roux

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While campuses across South Africa regularly report falling voter turnout in campus elections of student representatives, the University of the Free State, in its recently completed SRC elections, registered record levels of support across our campuses with a total voter turnout of 44%. At the Bloemfontein Campus 34,4% of students voted (5052 votes) and 53,3% (1583 votes) at the Qwaqwa Campus.

Also, for the first time under the new SRC constitution, students elected a woman to lead the student body – Ms Mosa Leteane was elected as President. Another first was the election of a blind woman to the SRC – Ms Louzanne Coetzee. She will be responsible for student accessibility of our Bloemfontein SRC. This marks a victory for women in student governance.

Mr Tulasizwe Sithole was elected as the President of the SRC at our Qwaqwa Campus.

The election of Ms Leteane as President underscores the progress achieved for gender equality with near half of her SRC consisting of women (48%).

These successes are all the more significant, since this is the 4th year of elections under newly adopted SRC constitutions that allow for broader participation of diverse student constituencies in student governance.

This means that the crucial 3-year mark to test a new approach and method in governance and elections was not only successfully reached, but also in its 4th year shows the constitution as one that sustains its impact to deepen democracy and citizenship among our 30,000-strong student body.

“The results of the SRC elections across campuses show that our students are not only ready to lead our campus communities on issues relating to justice, freedom and democracy beyond our societal legacies of race and gender, but do so also for the student movement nationally. We’re immensely proud of our students, who show courage and resilience to choose leaders not for expediency, but for significance, and to lead not for some, but for all”, the Dean of Student Affairs, Rudi Buys, said.

The Qwaqwa SRC was installed on 2 September 2014, while the Bloemfontein SRC will be installed on 5 September. The Central SRC will be established on 14 September by joint sitting of the two SRCs.

The SRC members 2014/15 at the Bloemfontein and Qwaqwa Campuses are as follows:

Bloemfontein Elective portfolios:
President: Ms Mosa Leteane
Vice Pres: Mr Waldo Staude
Secretary: Ms Dineo Motaung
Treasurer: Ms Maphenye Maditsi
Arts & Culture: Mr Stefan van der Westhuizen
Accessibility & Student Support: Ms Louzanne Coetzee
First Generation Students: Ms Mpho Khati
Media, Marketing & Liaison: Ms Lethabo Maebana
Legal & Constitutional Affairs: Mr Lindokuhle Ntuli
Sport: Ms Dominique de Gouveia
Student development & Environmental Affairs: Mr Victor Ngubeni
Transformation: Mr Tumelo Rapitsi

Bloemfontein Ex officio Portfolios
Dialogue & Ex officio: Associations Student Council: Mr Piet Thibane
Academic Affairs & Ex officio: Academic Affairs Student Council: Mr Jonathan Ruwanika
Residence Affairs & Ex officio: Campus Residences Student Council: Ms Melissa Taljaard
City student Affairs & Ex officio: Commuter Student Council: Ms Kerry-Beth Berry
Post graduate Affairs & Ex officio: Post Graduate Student Council: Ms Masabata Mokgesi
International Affairs & Ex officio: International Student Council: Mr Makate Maieane
Student Media Affairs & Ex officio: Student Media Council: Mr Samuel Phuti
RAG Community Service & Ex officio: RAG Fundraising Council: Mr Johan du Plessis
RAG Community Service & Ex officio: RAG Community Service Council: Mr Manfred Titus

Qwaqwa Elective portfolios:
President General: Mr Thulasizwe Sithole
Deputy President: Ms Zethu Mhlongo
Secretary General: Mr Vukani Ntuli
Treasurer General: Mr Langelihle Mbense
Media & Publicity: Ms Nongcebo Qwabe
Politics & Transformation: Ms Nkosiphile Zwane

Qwaqwa Ex officio Portfolios
Student Development & Environmental Affairs: Mr Ndumiso Memela
Academic Affairs: Mr Simon Mofekeng
Arts & Cultural Affairs: Ms Samkelo Mtshali
Off-Campus Students: Mr Khanyisani Mbatha
RAG, Community Service & Dialogue: Mr Njabulo Mabaso
Religious Affairs: Mr Mfundo Nxumalo
Residence & Catering Affairs: Ms Ntombifuthi Radebe
Sports Council: Mr Luvuno

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