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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

Students receive hands-on crime scene investigation training
2016-09-02

Description: Crime scene investigation training Tags: Crime scene investigation training

Ntau Mafisa, a forensic science honours student
at the UFS, and Captain Samuel Sethunya from
the SAPS Crime Scene Management in
Bloemfontein.
Photo: Leonie Bolleurs

With murder and robbery rates on the rise, the Forensic Science Programme of the Department of Genetics at the University of the Free State is playing a key role in training South Africa’s future crime scene investigators and forensic laboratory analysts.

According to the Institute for Security Studies (ISS), murder and aggravated robbery rates for 2014/2015, as recorded by the South African Police Services (SAPS) have increased. Incidents of murder increased by 4.6% in the period from 2013/2014 to 2014/2015 and aggravated robbery increased by 8.5 % in the same period. The ISS is an African organisation thant enhances human security by providing independent and authoritative research, expert policy advice and capacity building.

Dr Ellen Mwenesongole, a forensic science lecturer at the Department of Genetics, said the university was one of a few universities in South Africa that actually had a forensic science programme, especially starting from undergraduate level.

Crime scene evaluation component incorporated in curriculum
As part of its Forensic Science Honours Programme, the department has, for the first time, incorporated a mock crime scene evaluation component in its curriculum. Students process a mock crime scene and are assessed based on how closely they follow standard operating procedures related to crime scenes and subsequent laboratory analysis of items of possible evidential value.

The mock crime scene forms part of a research project data collection of the honours students. In these projects students utilise different analytical methods to analyse and distinguish between different types of evidence such as hair fibres, cigarette butts, illicit drugs and dyes extracted from questioned documents and lipsticks.

Students utilise different analytical methods to analyse
and distinguish between different types of evidence.

This year, the department trained the first group of nine students in the Forensic Science Honours Programme. Dr Mwenesongole, who received her training in the UK at the University of Strathclyde in Glasgow, Scotland, and Anglia Ruskin University in Cambridge, England, said incorporating a crime scene evaluation component into the curriculum was a global trend at universities that were offering forensic science programmes.

Department of Genetics and SAPS collaborate
It is important to add this component to the student’s curriculum. In this way the university is equipping students not only with theoretical knowledge but practical knowledge on the importance of following proper protocol when collecting evidence at crime scenes and analysing it in the laboratory to reduce the risk of it becoming inadmissible in a court of law.

The Genetics Department has a good working relationship with the Forensic Science Laboratory and Free State Crime Scene Management of the Division Forensic Services of the SAPS. The mock crime scene was set up and assessed in collaboration with the Crime Scene Management Division of the SAPS. Although the SAPS provides specialist advanced training to its staff members, the university hopes to improve employability for students through such programmes.

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