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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

Biggest Bloemfontein art project comes to life
2016-07-11

Description: It’s My City Giraffe Tags: It’s My City Giraffe

Three sculptures in different places
in Bloemfontein will form part of
It’s My City, a large-scale public art
project from 8 to 16 July 2016
alongside the Vrystaat Arts Festival.
Photo: Xany Jansen van Vuuren

One of the biggest art projects Bloemfontein has ever seen. That is how Angela de Jesus, curator of the Johannes Stegmann Art Gallery at the University of the Free State (UFS), describes It’s My City. And the large-scale public art project involves the community of Bloemfontein/Mangaung’s participation.

The artwork, conceived by British artist, Alex Rinsler, will be on display from 8 to 16 July 2016, alongside the Vrystaat Arts Festival. Three sculptures, a Baby Giraffe, Mother Tree and Toy Windmill, each about 7.5 metres, will appear in Hoffman Square, Mapikela Square in Batho location, and on the Red Square of the UFS Bloemfontein Campus respectively.

Many from around the city included


Local lead artists – Marius Jansen van Vuuren (Baby Giraffe), Tshiamo Art and Crafts Development (Mother Tree), and Minè Kleynhans (Toy Windmill) – expressed their relationship to the city. According to De Jesus, the project includes “six artists; more than 20 job opportunities were created; and there were skills transfer for many more. Over 50 volunteers, 100 professionals, and hopefully thousands will take part.” It’s My City is the signature 2016 project of the Programme for Innovation in Artform Development, a partnership between the UFS and the festival, supported by the Andrew W. Mellon Foundation and the municipality of Mangaung.

People can connect in positive way

“What most excites me is that this work will create imagery that loads of people can connect with in a positive way, and write a new story,” says Rinsler. According to the public artist and cultural producer, people are invited to visit the sculptures, write down their wishes for the city and those they love, and add them to complete the artworks.

Sculptures meet each other at ceremony

On 16 July 2016, the sculptures will be led by three processions, convening at the Macufe village (corner of Elizabeth and Markgraaff streets). At 17:30, a short ceremony, free to attend, will follow where they will be dismantled in spectacular fashion, with graceful fire and pyrotechnics, and so bringing together many people’s wishes as one.

Photo Gallery
For more information visit the It's My City website
Click here for a press release about the project



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