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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 satisfied with proceedings of EFF National People’s Assembly
2014-12-17

The University of the Free State (UFS) is happy about another successful hosting of a political party; this time, the Economic Freedom Fighters (EFF). In the recent past (December 2012), the UFS hosted the African National Congress (ANC) with the same energy, support and selfless commitment as with the EFF.

“The fact that the EFF paid the required amount for the use of the university’s venues in full before the congress commenced, bears testimony to this. For the past two months, the UFS’s working team worked closely with the EFF’s logistics team to thoroughly plan for a smooth and successful National People’s Assembly,” says Dr Choice Makhetha, Acting Rector of the UFS.

The hard work and commitment invested in the preparation process paid off. The 1st EFF National People’s Assembly, held 13-16 December 2014 on the Bloemfontein Campus, was a huge success.

“It is with great excitement that I can report that all premises of the UFS have been left the way they were found on arrival; no damage to any property and no littering.”

“Thank you to the UFS staff members who worked selflessly on a daily basis: the cleaning staff who started very early in the morning and went home very late at night; garden staff who made sure that the grounds were exceptionally clean every day and the flowers bright; student volunteers who worked shifts of over 24 hours on the first day, making sure that EFF delegates were checked into residences; staff members at the Visitors Centre who were ready to share information about the university and provide support to EFF delegates; staff members at the Odeion (which served as media centre) who ensured that the national and international media houses were comfortable and that the media conferences ran smoothly; safety and security personnel who provided protection for all the people on campus and also ensuring safety of the buildings; the health and safety officers supported by our partners from ER24 emergency services; and the South African Police Services (SAPS). To the electricians, the plumbers and other colleagues from Physical Resources who assisted with any task, even beyond the call of duty, we say thank you. For all the support and extra miles travelled – we appreciate your passion for the work you do; you are all very important to us at the UFS.”

“As the University of the Free State, we would like to express our gratitude to the leadership of the EFF, the delegates, guests and partners, as well as the media houses. The level of discipline among delegates was impressive. The UFS staff members appreciate the level of professionalism and respect shown by the EFF leadership and delegates. All the best for the future!,” says Dr Makhetha.

The UFS will continue to host political parties, interest groups, associations and more in their diversity, provided there is availability of venues, events are held outside the academic period and payment is received well ahead of hosting. As a public institution of higher learning, the university has a responsibility to promote democracy and help deepen the principles thereof. A university is a perfect platform for differing views and diverse political formations to find expression.

“To the UFS community, thank you for the trust you showed in the working team as it prepared to host the EFF’s 1st National People’s Assembly. To Mangaung Metropolitan Municipality and the Free State Province – we appreciate the support. As the University of the Free State, we know we can always count on you!”, says Dr Makhetha.  

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