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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

UFS professor addresses genetically modified food in South Africa in inaugural lecture
2016-09-23

Description: Chris Viljoen inaugural lecture Tags: Chris Viljoen inaugural lecture

At the inaugural lecture were, from the left front,
Prof Lis Lange, Vice Rector: Academic;
Prof Chris Viljoen; Prof Gert van Zyl,
Dean: Faculty of Health Sciences; back: Prof Marius Coetzee,
Head of Department of Haematology and Cell Biology;
and Dr Lynette van der Merwe, Undergraduate
Programme Director.
Photo: Stephen Collett

The first genetically modified (GM) crops in South Africa were planted in 1998. Eighteen years later, the country is one of the largest producers of GM food in the world. Those in support of genetically modified crops say this process is the only way to feed a rapidly growing world population. But those who criticise GM food describe it as a threat to the environment and safety of the population. Who is right? According to Prof Chris Viljoen of the Department of Haematology and Cell Biology at the University of the Free State, neither position is well-founded.

GM crops play a vital role in food security

While GM crops have an important role to play in increasing food production, the technology is only part of the solution to providing sufficient food for a growing world population. The major genetically modified crops produced in the world include soybean, cotton, maize and canola. However, the authenticity of food labelling and the long-term safety of GM food are issues that consumers are concerned about.

Safety and labelling of GM food important in South Africa
In his inaugural lecture on the subject “Are you really going to eat that?” Prof Viljoen addressed the importance of the safety and labelling of GM food in the country. “In order for food to be sustainable, production needs to be economically and environmentally sustainable. On the other hand, food integrity, including food quality, authenticity and safety need to be ensured,” Prof Viljoen said. 

Labelling of food products for genetic modification was mandatory in South Africa, he went on to say. “It allows consumers the right of choice whether to eat genetically modified foods or not.” The Consumer Protection Act of 2008 requires food ingredients containing more than 5% of GM content to be labelled. 

GMO Testing Facility world leader in food diagnostic testing
In 1999, Prof Viljoen spearheaded research in developing a GM diagnostic testing platform, and in 2003, a commercial diagnostic platform for GM status certification, called the GMO Testing Facility, was founded. The facility is a licensed Eurofins GeneScan laboratory   a world leader in food diagnostic testing   and provides diagnostic detection and quantification of genetically modified organisms (GMOs) in grain and processed foods for the local and international market.

Molecular diagnostic technology the future of food integrity, authenticity and safety
With GM labelling now well-established in South Africa, the next challenge is to establish the use of molecular diagnostic technology to ensure that food integrity, including food authenticity and safety is maintained, said Prof Viljoen.

“To the question ‘Are you really going to eat that?’ the answer is ‘yes’, but let’s continue doing research to make sure that what we eat is safe and authentic.”

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