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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

Q and A with Prof Hussein Solomon on ‘Terrorism and Counter-Terrorism in Africa’
2015-05-29

 

Political Science lecturer, Prof Hussein Solomon, has launched his latest book, Terrorism and Counter-Terrorism in Africa: fighting insurgency from Al Shabaab, Ansar Dine and Boko Haram, on Wednesday 26 May 2015 at the UFS.

In his book, Solomon talks about the growing terrorist threat in Africa, with the likes of Al Shabaab, Ansar Dine, and Boko Haram exploiting Africa's vulnerabilities to expand their operations. Explaining both the limitations of current counter-terrorist strategies and possible future improvements, this timely study can be appreciated by scholars and practitioners alike.

Q: If you speak of Al Shabaab, Ansar Dine, and Boko Haram expanding operations, do you see possibilities for their expansion even into South Africa, or is expansion mainly focused on northern African countries?
 
A: All three movements are operating out of their respective countries. Al Shabaab has attacked Kenya and Uganda and tried to attack the 2010 Soccer World Cup in South Africa. So yes, there is a danger that they are here and, more importantly, newer groups like ISIS are recruiting in SA already.
 
Q: If the traditional military response is ineffective, what would be a better approach then?

 
A:
What is important is that the force of arms needs to complement the force of ideas. What is being waged is an ideological battle, and, just as the West defeated Communism ideologically in the Cold War, we need to defeat radical Islamism ideologically. In addition, the military response needs to complement the governance and development responses.
 
Q: External players like the US have insufficient knowledge of the context, what would be the knowledge about context necessary for anyone concerned about the terror problem in Africa?
 
A: Allow me to give you some examples. The US trains African militaries to fight terrorist groups, but, when they return to their countries, they stage a coup and topple the civilian government. The US does not seem to understand that arming a predatory military and training them makes them more predatory and brutal, which results in civilians being recruited by terrorists, as happened in Mali. Similarly, the US sent arms to the Somali government, and members of that government sold those arms to Al Shabaab terrorists, the very people they were supposed to fight. So the Americans do not understand the criminalisation of the African state, which undermines good governance and promotes terrorism.

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