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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

State of our campuses: UFS extends vacation as from 28 September until 7 October 2016
2016-09-28

In solidarity with the call for free education for the poor and missing middle, a discussion was held with the University Management Committee this morning, in consultation with the student leadership, and after careful assessment of operational matters on all three campuses of the University of the Free State (UFS), we agreed upon the following:
 
1.    All classes, tests, and assignments will be suspended until Friday 7 October 2016. This means that the university will close on Wednesday 28 September 2016 for an extended vacation until 7 October 2016. The academic programme will resume on Monday 10 October 2016.
                     
2.    This will allow the entire university time to demonstrate solidarity, in collaboration with student leadership, academic and support staff, and the broader community in support of free higher education for the poor and missing middle.
                  
3.    The administration of the university will continue on Thursday 29
September 2016, and staff will have access to their offices to plan the additional academic support for students, to consider the re-scheduling of the academic calendar, to engage with the Department of Higher Education and Training in relation to the students’ demands, and to continue with support services during the extended vacation.
 
4.    The university management and student leadership will also, over the next three days, engage in discussions to provide for a platform that is conducive to continued collaboration between students and the university leadership.
 
5.    The suspension of tests, classes, and assignments will also allow time for a social compact and code of ethics for protests to be agreed upon and signed between student leadership and the university management.

 In respect of the Qwaqwa Campus, some protesting students yesterday intimidated others and forcibly removed staff, as well as security personnel. Today, university property was burnt. In view of our commitment to the safety of staff, students, and university property at the campus, it was necessary to evacuate the campus – including residences – with immediate effect. However, residential students are allowed to remain on campus until midday tomorrow (28 September 2016).

The university leadership again wants to emphasise its support for a national policy of free education for the poor and missing middle and stresses its support for peaceful protests on matters that are of concern to our students.
 
We further understand the frustration of many students and their parents/guardians at the closure of the campuses and the impact it has on academic staff, staff in the Support Services, our security personnel, teaching, learning, projects, assignments, lectures, tests, fieldwork, and the academic calendar in general, and commit to do all in our power to ensure the delivery of quality education to all our students under difficult circumstances.


Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

 

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