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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

Kesa, UFS cross-country teams shine at USSA
2016-10-24

Description: ’Manapo UFS cross-country    Tags: UFS cross-country

The Kovsies 8 km women’s team
was crowned as champions at
the USSA cross-country meeting
in Richards Bay. From the left are
Marne Mentz, Lizandre Mulder,
and Kesa Molotsane.
Photo: Sarina Cronje

The University of the Free State (UFS) not only boasts a South African women’s cross-country champion, one of its women’s teams is also the best university team in the country.
The Kovsies 8 km women’s team was crowned the winners at the University Sports SA cross-country event in Richards Bay, while the 10 km men’s team finished second.

Kovsies men take second place

The women’s team consisted of Kesa Molotsane, Marne Mentz, and Lizandre Mulder. They respectively came in first, third and fifth at the USSA meeting held at the University of Zululand on 30 September and 1 October 2016. In the women’s competition, the times of the first three competitors are used to determine the team placements.

The UFS 4 km women’s team finished in 5th place.

The successful UFS 10 km men’s team consisted of four members from the Qwaqwa Campus – Lesedi Radebe (4th), Lebohang Miya (8th), Moorosi Semase (10th), and Lindobuhle Miya (11th). In the men’s competition, the times of the first four men in each team are taken into account.

The Kovsies 4 km men’s team finished sixth.

Molotsane’s dream year continues

Molotsane, assistant officer at KovsieSport, is experiencing a dream year. On 10 September 2016 she was crowned as national cross-country champion over 10 km when she represented the Free State in George. Mentz was third in George over 4 km.

Molotsane improved her own record in the 3 000 m at the Clover athletics meeting in Bloemfontein on 15 October 2016. Her time of 09:51.03 was much better than her previous record time of 10:03.97.

In the USSA road relay in Richards Bay on 1 October 2016, the Kovsies women’s team finished third in the 3 x 2 km relay. The men came fifth in the 4 x 4 km relay.

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