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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

Prof. Dingie Janse van Rensburg promoted to Outstanding Professor
2007-11-19

The University of the Free State (UFS) is pleased to announce that Prof. Dingie Janse van Rensburg, Director of the Centre for Health Systems Research and Development has been promoted to Outstanding Professor.

In 1991 the Executive Committee of the Council introduced the category of Outstanding Professor to give recognition to a small group of outstanding academics. Not many academics at the UFS received this status since then.

Prof. Janse van Rensburg has been working at the UFS for 37 years and played a big role in establishing a culture of scientific publication among young and upcoming researchers.

Prof. Janse van Rensburg enjoys extensive national and international recognition as researcher and research manager. He delivered various national and international papers and is involved in a variety of international research projects – some of which were initiated by him. He succeeded in involving a variety of foreign researchers in long term research projects.

In 1993 he established an entrepreneurial research and development centre, which he has sustained for more than 13 years. The centre enjoys recognition nationally as well as internationally as well as credibility in the eyes of the international donor community, within government’s health sphere as well as in peer academic circles.

Prof. Janse van Rensburg has for several years been a grant holder of both the National Research Foundation and the Medical Research Council for research projects on Tuberculosis and HIV/Aids.

During his career at the UFS Prof. Janse van Rensburg received several merit awards and commendations from the UFS and other institutions. These include the Stals Prize in 1993 from the Suid-Afrikaanse Akademie vir Wetenskap en Kuns, a Council Medal from the UFS in 2003, the UFS Centenary Medal in 2004, an award from the Department of Health in 2004 for excellence and continued support of this department, a promotion to Senior Professor from the UFS in 2005 and the Free State Premier’s Excellence Award Gold category in 2006 for excellence in research and development.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
19 November 2007
 

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