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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

Trevor Manuel and Max du Preez among the recipients of honorary doctorates at UFS graduation
2016-07-02

Description: 4 Hon Docs Tags: 4 Hon Docs

The UFS awarded four honorary doctorates
at its Winter Graduation ceremonies.
The recipients are from left Max du Preez,
Dr Reuel Jethro Khoza, Prof Joel Samoff
and Trevor Manuel at the UFS Chancellor’s
Dinner on 30 June 2016.

Photo: Johan Roux

He is excited about the young minds he saw and interacted with at the graduation ceremony of the University of the Free State (UFS). This is what Max du Preez, one of South Africa’s leading journalists and political analysts, said after receiving an honorary doctorate.

According to Du Preez (Humanities), he was inspired by the Winter Graduation ceremony on 30 June 2016 in the Callie Human Centre on the Bloemfontein Campus. He is happy to finally also call the UFS his alma mater. He grew up in Kroonstad and is a true Free Stater, but previously graduated at the Stellenbosch University.

The UFS awarded four honorary doctorates – the others to Prof Joel Samoff (Humanities), Trevor Manuel and Dr Reuel Jethro Khoza (both Economic and Management Sciences) – and two Chancellor’s medals at the morning ceremony on 30 June 2016. Chancellor’s medals were awarded to Antony Osler and Marguerite van der Merwe (née Osler).

Manuel impressed by amount of soul

At the Chancellor’s Dinner, which was held in the Centenary Complex on the Bloemfontein Campus on 30 June 2016, Du Preez said he feels honoured. He said South Africans must embrace the diversity of the country, and the UFS is a good example. “If the University of the Free State can make it, South Africa can make it.”

Manuel, a former South African Finance Minister, said he is honoured by the amount of soul he experienced from Dr Khotso Mokhele, UFS Chancellor, and Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS. “We cannot tolerate what is wrong (in the country) and need to push the boundaries of what is right,” he said.

UFS stands out regarding understanding


Dr Khoza, a distinguished thinker and businessman, also thanked the UFS at the Chancellor’s Dinner. “We shall strive to be known less for what we say, but rather more for what we do,” he said about the country.
According to Prof Samoff, Professor in Africa Studies at Stanford University (USA), “South Africa has committed itself to building a democratic, non-racist, and non-sexist society”. “Where the University of the Free State stands out, is in its understanding that societal change – ‘transformation’, to use the current terminology – is not an outcome, but a process. A difficult process.”

 

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