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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

Suspension of the South African Doping Control Laboratory (SADoCoL) by the World Anti-Doping Agency (WADA)
2016-05-04

The senior leadership of the UFS and the management of the South African Doping Control Laboratory (SADoCoL) take note of the decision by the World Anti-Doping Agency (WADA) to suspend the laboratory’s accreditation to perform doping control analysis on biological samples of athletes and sportsmen and -women until 30 September 2016. During this time of suspension, all sport-related samples will be sent for analysis to the WADA accredited laboratory in Qatar until the accreditation of SADoCoL is re-established. Analysis according to WADA accreditation will therefore not be interrupted during the period of the suspension of the accreditation of SADoCoL.

The announcement by WADA on 3 May 2016 follows a voluntary decision by SADoCoL in March 2016 to temporarily close the laboratory for some of its routine analytical duties for six months, as from 1 April 2016. The decision was taken in consultation with the senior leadership of the UFS and other role players, especially the Department of Sport and Recreation of South Africa (SRSA) and the South African Institute for Drug-Free Sport (SAIDS). SADoCoL is a specialised service laboratory of the University of the Free State (UFS) and has been in existence for more than thirty years.

Due to the ever-increasing demands on the number, variety and analytical sensitivity of compounds to be analysed according to the Prohibited List of WADA, technical and infrastructure adaptations need to be implemented in the laboratory continuously to keep up with the demands. Over the last year, SADoCoL has drastically increased its capacity in both personnel and infrastructure, to a point where these changes can be implemented for optimal performance of the laboratory.  This has to be done while normal routine analysis continues, and it became clear that at present, implementation cannot be successfully accomplished together with the workload from normal routine analyses.

The time of suspension will be utilised to implement and test these new systems in order to achieve the standard presently required by WADA, as well as to perform development and improvements.  This development will be performed in close collaboration with other role players in the anti-doping movement in South Africa, such as SAIDS and SRSA. Scientific development aid will also be acquired from other doping control laboratories worldwide in order to assure that the high analytical quality is maintained and expanded to meet the fast growing challenges in this field. The progress of the process will be closely monitored, and the upgraded methodologies will then, after rigorous testing, be implemented to ensure that the required analytical quality is maintained so as to obtain re-accreditation by WADA at the conclusion of the suspension period.

Issued by: Lacea Loader (Director: Communication and Brand Management)
Telephone: +27(0)51 401 2584 or +27 (0) 83 645 2454
E-mail: news@ufs.ac.za
Fax: +27 (0) 51 444 6393

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