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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

Kovsie TV Launched
2015-05-06

Victor Ngubeni, Grace Thoabala, Nangamso Dlatu, Aisha Poswa, Lesego Maakamedi, Nothando Hlope, Aldene vd Merwe and Lawrence Siyoko

“We have to change our university before we can change our country.”

 

There is a revolution at hand, and students are requesting new and exciting platforms on which they can voice themselves. Kovsie TV aims to do just that for Kovsie students. 

 

As a student initiative, the steam behind it is SRC Student Development and Environmental Affairs, Victor Ngubeni. He says that it is only right that it be by the students themselves. The launch saw many from the campus community gathered out of curiosity and excitement for the new venture. The evening started out as quite a classy frenzy, which had attendees clearly prepared for the level of broadcasting that the launch would showcase.

 

The initial idea is to increase the number of platforms where students can receive information. The Student Media portfolio, which oversees the functioning of student media platforms, aims to make Kovsie TV as autonomous as possible. As an introductory initiative, it will aid in the sharing and telling of students’ stories.

 

It is important to mention the preparation process that was endured by the many hopefuls who auditioned, hoping to make it as one of the Kovsie TV presenters. For more than three weeks, the panel of judges sieved through the contestants until they had just six rough diamonds. Then, for the first time, the audience met the faces that they would become familiar with from this point.

 

As Ngubeni stressed during his speech, Kovsie TV would not serve as propaganda machine for the SRC, as many might have asked about the relationship that could be expected between the two. The architects of Kovsie TV hope that, as a student initiative, it will inspire a new era in student activism.

 

When asked about the concept behind this new platform, Ngubeni informed us that, “the concept is to have a twenty-minute campus TV show highlighting what goes on around campus so that students know, and so that we can get them participating in campus life activities.”

 

This is a student initiative whose future will depend solely on the students themselves.

 

Presenters:

Nangamso Dlathu – Studio presenter

Grace Thoabala – Studio presenter

Lesego Maakamedi – Social events

Nothando Hlophe – Current affairs

Aldine van der Merwe – Culture events and Vox-Pop

Mbulelo Siyoko – Culture and Vox-Pop

Aisha Phoswa ? Sports

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