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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

Co-architect of peace and reconciliation in Northern Ireland to present Annual Reconciliation Lecture today
2015-03-03

Colm McGivern, Director of the British Council in South Africa

To emphasise the University of the Free State’s Human Project, the UFS has positioned itself as an institution that is recognised across the world not only for excellence in academic achievement, but also in human reconciliation. The Annual Reconciliation Lecture, whose organising committee is chaired by Prof Pumla Gobodo-Madikizela, is a unique and major initiative to enhance this important vision of our university.

This year, Colm McGivern, Director of the British Council in South Africa, will present the Fourth Annual Reconciliation Lecture at the Centenary Hall on Thursday 5 March 2015.

Colm McGivern was brought up in Northern Ireland at the height of the conflict that has come to be known as the ‘Troubles.’ His early experiences of conflict, sectarianism, and living in a divided society have driven his career, and his personal commitment to peace-building and promoting reconciliation.  He was a student leader at Queen’s University in Belfast during the time of the first IRA Ceasefires in the 1990s, and then worked in the Higher and Further Education sectors, and at a community level with peace-building groups across Northern Ireland and internationally. He was Director of the British Council in Northern Ireland for four years and, in that role, facilitated discussions between divided communities before and during the Ceasefires and Peace Process, with a particular focus on bringing young people together across Ireland.

In his role as Director of the British Council, McGivern has created thousands of cultural and educational connections between the UK and SA. Every year, he ensures that young South Africans can get access to educational and cultural opportunities that are life-changing while deepening their connection with the UK.

A highlight of this year’s lecture will be a performance by musicians from the Odeion School of Music, Tumi Ntantiso (soprano), Bertha Menyatso (mezzo-soprano), Malefetsane Mofokeng (baritone), and Cezarre Strydom (piano). They will be performing works from ‘Tales of Hoffmann’ by Jacques Offenbach, among others.

Members of the public and media are welcome.

RSVP: Jo-Anne Naidoo, e-mail: Naidooja@ufs.ac.za

Date: Thursday 5 March 2015
Time: 17:30 (please be seated by 17:15)
Venue: Centenary Complex, Bloemfontein Campus

 

The event will be streamed live on: http://livestream.ufs.ac.za/

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