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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

New guidelines to increase diversity in student residences at the UFS
2007-06-08

As from 2008, the University of the Free State (UFS) will implement new policy guidelines for student residences so as to increase diversity on the Main Campus of the UFS in Bloemfontein.

These new policy guidelines were approved by the Council of the UFS today (Friday 8 June 2007) after consultations with a range of stakeholders, especially students currently in residences, student leaders and student organisations, with inputs received from alumni and parents as well.

According to a statement by the Chairperson of the UFS Council, Judge Faan Hancke, and the Rector and Vice-Chancellor of the UFS, Prof. Frederick Fourie, the guidelines are based on an educational rationale with a definite educational objective.

“What the UFS seeks to do with these new policy guidelines, is to overcome the racial divides of the past and equip students in residences with the knowledge and skills to understand people from other cultures, appreciate other languages and to respect differences in religion but also economic background,” Judge Hancke and Prof. Fourie said in their statement.

“This will give students in UFS residences a distinct advantage over many other work seekers in South Africa, because the workplace today is a very diverse place with people of many backgrounds,” Judge Hancke and Prof. Fourie said in their statement.
They said the UFS wanted to establish a new model of residence life in which students will voluntarily embrace diversity and learn about diversity so as to add value to their educational experience in a residence.

In the late 1990s the UFS made the first attempt to integrate its residences which led to violent clashes between white and black students. A compromise agreement was reached based on freedom of association but this has over the years led to the current situation of largely white and largely black residences.

To support students during the implementation of the new policy guidelines, the management of the UFS will establish several mechanisms and programmes for students to empower them, to build their capacity and to facilitate a smooth transition to a new model of student life in the residences.

Judge Hancke and Prof. Fourie said the decision is another important milestone in the ongoing transformation of the UFS and in the provision of quality higher education for all UFS students, and that the decision had been taken in the best interests of the students.

“This is a very carefully managed transition to bring about a non-racial character to our student residences in line with the Constitution and the ethos of a democratic South Africa,” Judge Hancke and Prof. Fourie said.

How the new policy will work in practice

As from 2008, the new policy aims to bring about an important shift in the way first-years are placed in a residence. From 2008 first-year students are to be placed to achieve a minimum diversity level of 30% in each junior residence.

In senior residences a mix of approximately 50-50 will be the goal from 2008.
Residences will be responsible for placing 50% of first-years, which gives them the scope to increase diversity. The university’s accommodation service will place the other 50%. All these placements must occur in accordance with the educational rationale and the related diversity objective.

If a residence cannot reach the diversity objectives, the university will use the 50% of placements that it controls to achieve sufficient diversity in a particular residence.

Support mechanisms for students

According to Dr Ezekiel Moraka, Vice-Rector: Student Affairs, students in the residences will not be left on their own to deal with the issues of diversity. The management of the UFS has identified several important areas where the process may need support, especially in the early stages of implementation. Students and student leadership will be involved in the further design and finalisation of the implementation details.

These areas where support will be finalised are the following:

  • Providing properly trained and qualified personnel (such as live-in wardens, residence heads etc.) to supervise the implementation of the policy on a 24-hour basis;
  • Ongoing orientation workshops for all students in residences to deal with diversity in a mature way;
  • Support to deal with language issues, including interpreting services so that language rights of all students can be respected; and
  • Assistance with the review of residence governance, administrative and other procedures that have been used in residences up to now.

“There can therefore be no doubt that the management is committed to the well-supported and successful implementation of this new policy and to giving the best possible education to all our students,” Judge Hancke and Prof Fourie said.

Media release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za
8 June 2007
 

 
 

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