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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

Shimlas still the only unbeaten side in 2015 Varsity
2015-03-18

The Shimlas remain the only unbeaten side in this year’s Varsity Cup rugby tournament after their bonus-point 44-24 win against the University of Cape Town Ikeys in Bloemfontein.

The home side managed a very comfortable 34-8 lead in the first half against the defending champions Ikeys. No matter how hard the Ikeys fought back, the Shimlas win was inevitable, and secured the first ever home semifinal at the UFS.

It was in the second minute that Shimlas’ Gerhard Olivier went over the try line. The Shimlas continued to press forward, and kept the game play primarily in the UCT half of the field. By the time the first Strategy Break came along, the Shimlas already had a 21-0 lead over their visitors. The Ikeys did manage one converted try before halftime, still leaving the home side with  a 34-8 lead.

After halftime, there was still no stopping the Shimlas. Even when UCT’s attempt at a comeback saw them scoring their second converted try, the point difference were still 18 points. Shortly after, Olivier scored his third try for the Shimlas. The Ikeys’ response to this was scoring a third try in their comeback effort, putting the scoreboard at 39-24 with Shimlas still in the lead after 65 minutes.

Despite Ikeys’ attempt for their bonus point try near fulltime, Shimlas’ counter-attack saw their replacement player Boela Venter cross the try line for the last  time to secure a 44-24 win for the home side.

The Shimlas will host North-West University’s Pukke side at Shimla Park in the last round of the tournament this coming Monday. For the first time since the Varsity Cup’s inauguration in 2008, the UFS side has already secured a home semifinal for the week after.

Shimlas point scorers:

Tries: Gerhard Olivier (3), Johan van der Hoogt, Danie Maartens (2), Boela Venter
Conversion kicks: Niel Marais (3)

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