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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

SRC Consultation desk
2015-04-20

In an era where woman are consistently escalating up the echelons of power, this universal phenomenon is also making waves on the Bloemfontein Campus of the University of the Free State. As different citizens would recognise First lady Michelle Obama, Public Protector Thuli Madonsela, German Chancellor Angela Merkel and United Nations Ambassador Angelina Jolie, so it is also with Student Representative Council Secretary General, Dineo Motaung. She is among a handful of ladies within the student leadership who cherish her responsibilities diligently for the interests of human beings.

The SRC Consultation Desk is an official space created by the office of the Secretary General, aimed at being of service to students alongside the students’ academic pursuit. Inspired by Ubuntu, meaning ‘I am what I am because of who we are’ comes the task of cultivating and nurturing the essence of who we are, through constructive and honest dialogue between students and the university staff. It is by talking to one another that we will establish an environment that permeates our uniqueness and pollinates our consciousness with awareness that would cause us to act in unison in propagating the vision of the university.

Toward this end, the Secretary General has commissioned two SRC members to various stations every Monday and Wednesday, to interact with both students and staff. Please find the schedule reflected below. It is hoped that through this engagement, problems will not simply be identified, but that practical and feasible solutions will be offered.

“Through the SRC Consultation Desk I hope to see the manifestation and spirit of Ubuntu on campus by the time my term ends. With all that said, I am available for any concerns,” said Motaung.

Monday 20 April 2015, 12:00-13:00

SRC Accessibility and Student Support: Louzanne Coetzee

Station: Thakaneng Bridge

Wednesday 23 April 2015, 14:00-15:00

SRC Media, Marketing & Laison: Lethabo Maebana

Station: New Computer Labs (Entrance door)

Wednesday 29 April 2015, 14:00-15:00

SRC Student Development and Environmental Affairs: Victor Ngubeni

Station: Sasol Library (Opposite Deli)

Monday 4 May 2015, 14:00-15:00

SRC Secretary General Dineo Motaung

Station: Amphitheatre             

Wednesday 6 May 2015

SRC Student Media: Masingi Sam

Station: Sasol Library (close to Deli)

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