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BELA is SA’s quest to undo the imbalances of the past

18 October 2024 | Story Dr Solomon Chibaya | Photo Supplied

Opinion article by Dr Solomon Chibaya, lecturer in the Department of Education Management, Policy, and Comparative Education, University of the Free State.

On Friday, 13 September 2024 President Cyril Ramaphosa signed the Basic Education Laws Amendment Bill into law but put a pause on two clauses. The two clauses he put on ice, flanked by representatives of his ANC party, were the contentious admissions and language policies. The abject absence of the other members of the ‘coalition’ or ‘GNU’ was evident during the signing and signifies a sense of unhappiness, especially from the Democratic Alliance. Now that the BELAB has been passed into law (except for the highly contested clauses), it has replaced the South African Schools Act (1996) (SASA), which was established post-apartheid to democratise the education system.

What problems does it set out to solve?

The BELAB, drafted as early as 2013, sought to enhance the quality of education in South Africa and had significant implications for school governance. Part of the improvement required democratic participation and the progress of mother tongue instruction in a transformative manner. This includes how the school governing bodies (SGBs), composed of parents, educators and non-educator staff members, continue their partnership with the Department of Basic Education at provincial and national levels in school governance. The SGB represents the school and the community in the quest for quality education.

Beyond the aspirations for democratic participation in schools, the proposed Basic Education Amendment Bill made provisions for arbitration and mediation to resolve the conflict between the SGBs and the Department of Basic Education. The media and literature are awash with court cases highlighting the conflict between these two partners of a tripartite partnership due to disputes that seemed only to be resolved by litigation. The disadvantages of such litigations include large sums of money and time spent in litigation and further harm to the child whose best interest both parties vow to have. The provisions for arbitration and mediation are believed to help avert litigations as a choice for conflict resolution. They align with the Constitution of the Republic of South Africa 1996.

South Africa’s quest to undo the imbalances of the past is envisioned in the new education law; during the apartheid era, the apartheid regime monopolised the governance of schools in a way that ostracised parents. What perpetuated from such a context was the disenfranchising of parents regarding school governance, and they became unenchanted with school involvement, a lethargy that is taking a long time to wear off. Though the advent of SGBs sought to increase the participation of parents through legislating their participation through roles specified in the SASA 84 (1996), echoed in the new law, the policy does not translate into practice. Some SGBs have failed to take up their critical roles in determining the school budgets, language policy, discipline and appointment of new staff, among other roles. The new law now emphasises the control of the head of the department over these issues, especially in the contested clauses.

The irony is that the power that once was given to parents to govern is now usurped. The parents in some SGBs have failed to govern, and yet others have done so successfully. The ones that have done successfully feel they are being punished for the ones that failed to do so. While the SGB’s consultation with the HOD for approval is in line with the arbitration and mediation espoused by the BELA act, a spin-off of cooperative governance related to democratic aspirations, it deviates from the autonomy of the governing body that had seemed to prevail in recent history. A challenge one can foresee in the new law is that the cooperation of parties with unequal powers and motives may throw a spanner in the works of cooperative governance.

Why are the two clauses so controversial?

The language policy is a contentious issue, in which most comments in different media on the BELAB seem to dwell on this issue. On one side, there are those who feel some SGBs have the power to keep some learners out of their schools using the language policy, and on another side are SGBs who feel the quality of education in their schools may be compromised by the quest for equality in language integration. The BELAB encourages the language policy to be broader and inclusive. In schools with small numbers, their SGBs seek to protect that space as it is and pride themselves on the prevalence of such conditions.

According to the BELAB, compulsory school attendance will start at Grade R. This is a welcome change in some quarters as it allows early access to education for children. However, to the SGBs, this may present many changes. In schools that are already overcrowded, under-resourced and have a shortage of teachers, this change in the admission policy would add more pressure to these schools. Even schools that are well-endowed with resources must make changes to accommodate changes to the admission policy, which comes with governing challenges such as resource management and distribution. However, according to the National Development Plan (NDP), basic education is vital in building the foundation for lifelong learning and striking a balance may be what needs to be achieved.

The state of basic education 30 years into democracy

The state of basic education in South Africa over the past 30 years has been marked by significant progress, challenges, and ongoing reforms. It was only natural that legislation was to be part of the ongoing reform. Since the end of apartheid in 1994, the South African government has made efforts to redress the inequalities of the past and improve access to quality education. However, the education system continues to face several persistent issues.

The outcry from communities highlights the prevalence of the apartheid legacy, which is expressed through inequality. There is still a world of difference in availability of resources between schools serving black communities (despite an increase in funding) and the former Model C schools. One would have wanted to see amendments to the legislation that provide a legal framework that eases some of these issues. Of course, it is not about legislating the challenges away but about designing a legal framework that addresses the inequalities regarding resources and access to them in schools.

Another challenge in South African Basic Education is that of performance gaps. Internationally, South Africa consistently performs poorly in assessments such as the Trends in International Mathematics and Science Study (TIMSS) and the Progress in International Reading Literacy Study (PIRLS). This has been an embarrassment to the nation over the past 30 years as the returns do not match the investment in education. Countries that spend less than South Africa have learners doing better in foundational literacy and numeracy skills. The matric pass rate has gradually increased over the last 30 years; however, the concern is that they pass with low marks, limiting their opportunities for higher education and employment. A possible solution through the BELAB is to catch the children early, compulsory education from Grade R. This is now law.

Social issues, especially those that creep in from the communities around schools, affect the operations of schools. The school culture is influenced by many things, including the community in which it is located. Some of the challenges that schools have faced include violence, crime, and bullying, which have become a concern in certain regions, affecting the learning environment. The definition and procedures in relation to misconduct have been reviewed, but they mainly emphasise the rights of children. Unions will most probably be up in arms to protect their members, and parents will also be suing for the protection of their children.

News Archive

UFS awards degrees at autumn graduation ceremony

2009-04-28

The University of the Free State’s (UFS) autumn diploma and graduation ceremony took place this week in the Arena on the South Campus in Bloemfontein (formerly known as the Vista Campus). This arrangement has been made because of the large-scale renovations to the Callie Human Centre on the Main Campus.

Friday, 24 April 2009
Faculties of Health Sciences, Law and Theology Diploma ceremony

Law student’s achievement excels 80%
Four Law students obtained the LLB degree at this year’s autumn graduation ceremony of the University of the Free State (UFS) summa cum laude and were awarded the Moritz Bobbert Medal. They are from the left: Lezelle Olivier (80%), Albert Nell (91%) and Amanda du Toit (83%). LiFeng Chien were absent during the photo.

UFS awards degrees at autumn graduation ceremony
Today 331 students and five doctorates in the Faculties of Health Sciences, Law and Theology received their qualifications at this year’s autumn graduation ceremony of the University of the Free State (UFS). Michael Molahloe (left) and Mamokete Ntholeng both received their LL.B. degrees in the Faculty of Law.
Photo: Leonie Bolleurs

This year’s autumn graduation ceremony of the University of the Free State (UFS) was held on the South Campus. From the group of students that received their qualification from the Faculty of Law, is from the left: Janine Jonson, Anneska van der Spoel, Andrea Coetzer, and Jo-Mari Visser.
Photo: Leonie Bolleurs

Students in Nursing receive their degree
A group of students from the Faculty of Health Sciences received their B.Soc.Sc. degree at this year’s autumn graduation ceremony of the University of the Free State (UFS). At the occasion were, from the left: Ruth Beukes, Basetsana Panana, and Dipontsheng Tsolo.
Photo: Leonie Bolleurs

UFS Faculty of Health Sciences awards degrees
Liezl Swanepoel (left) and Heide van der Merwe received their BSocSC degrees at the University of the Free State’s (UFS) autumn graduation ceremony.
Photo: Leonie Bolleurs

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Thursday, 23 April 2009
Faculty of Natural and Agricultural Sciences & Chancellor’s Dinner

UFS awards unique doctorate
Dr Rodney Douglas, who had never obtained any formal undergraduate qualification, this week received a Ph.D. in Geography and Geology during the autumn graduation ceremony of the University of the Free State (UFS). The name of his thesis is “A new perspective on the geohydrological and surface processes controlling the depositional environment at the Florisbad archaeozoological site”. He had four papers published in journals that were related to his thesis. He obtained his South African Museums Association Diploma in Biology in 1988 and his M.Sc. in Environmental Biology at the University of Natal, Durban in 1992. He was accepted as a Master's degree student at that university based on research that he had conducted on, amongst others, the diets of reptiles. He has been working at the Department of Herpetology at the National Museum, Bloemfontein since 1984, where he holds the post of Principal Museum Scientist and Head of Department.
Photo: Leonie Bolleurs

Chancellor’s Dinner: UFS honours doctoral students
Last night, the University of the Free State (UFS) honoured students who had received their Ph.D. degrees at the autumn graduation ceremony this past week, at the Chancellor’s Dinner. A total of 25 doctorates were awarded during the respective ceremonies. Attending the occasion were, from the left: Dr Annemarie Kühn, Ph.D. in Chemistry, Prof. Jeanet Conradie, Department of Chemistry at the UFS and Dr Kühn’s promoter, Prof. Teuns Verschoor, Acting Rector of the UFS, Prof. Corene de Wet, Department of Comparative Education and Education Management at the UFS, and Dr Mafu Rakometsi, Chief Executive Officer of Umalusi and former head of the Free State Department of Education who received a Ph.D. in History. Prof. De Wet is Dr Rakometsi's co-promoter and the late Prof. Leo Barnard, former Head of the Department of History at the UFS, who passed away at the beginning of April 2009, was his promoter.
Photo: Leonie Bolleurs

Mrs Annemarie Kilian, Mr Willem Kilian (BSc. Hons) and Prof Stephanus Kilian
Photo: Mangaliso Radebe

Mr Jaco van der Merwe, Mr Renico Pretorius and Mr Rion Terblanche (all BSc. Quantity Survying)
Photo: Mangaliso Radebe

Ms Mamakoanyane Amelia Shata (BSc. Genetics and BSc. Hons. Plant Molecular Biology) and Mrs Maente Adelinah Shata.
Photo: Mangaliso Radebe

Mr Maurice Ambrose and Mr Owen Monk (both BSc. Quantity Survying).
Photo: Mangaliso Radebe

Ms Tobeka Mehlomekhulu (Lecturer: Department of Geography), Mr Neo Mokgosi (BSc. Hons. Genetics) and Ms Nwabisa Mehlomekhulu (BSc. Hons. Food Science).
Photo: Mangaliso Radebe

Mr John Mdane, Mr Fana Mdane (BSc. Information Technology) and Mrs Agnes Mdane
Photo: Mangaliso Radebe

Mr Kevin Vermaak (BSc. Hons. Geohydrology) and Ms Michelle Steenkamp (BSc. Hons. Geology).
Photo: Mangaliso Radebe

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21 April 2009
Faculty of Economic and Management Sciences

Prof. Magda Fourie's daughter graduates
Nadia Fourie, daughter of Prof. Magda Fourie, former Vice-Rector: Academic Planning at the UFS and now Vice-Rector: Teaching at Stellenbosch University, received the B.Com. Law degree.
Photo: Lacea Loader

724 degrees were awarded during the ceremony of the Faculty of Economic and Management Sciences. Here are, from the left: Simon Serutla, B.Com. Accounting, Lourencia Hamuaka, B.Com. Honours in Financial Economics and Investment Management, Sunet Opperman, B. Accounting, and Yolandi Greyling, B. Accounting.
Photo: Lacea Loader

Students in the Faculty of Economic and Management Sciences graduated this week during the University of the Free State's (UFS) autumn graduation ceremony. Altogether 724 degrees were conferred. Here are, from the left: Marie-Louise Lombard, B.Com. Law, Adriaan van der Merwe, B.Com. Law and member of the Student Representative Council (Legal and Constitutional Affairs), Basanio Ncike, B.Com. Economics, and Richard Schooling, B.Com. Banking.
Photo: Lacea Loader

Center for Accounting honours top achievers
The Centre for Accounting at the University of the Free State (UFS) honoured the top ten students in the third-year B.Com. and B.Com. Hons. programmes respectively during this week's autumn graduation ceremony. Here are, from the left: Prof. Ronell Britz, Chairperson of the centre, Nils Kotze, first place in the B.Com. third-year group, and Madri Victor, first place in the B.Com. Hons. group; back: Prof. Hentie van Wyk, Programme Director: Accountant Training.
Photo: Stephen Collett

Accounting firms in Free State help with recognition of top achievers
Accounting firms in the Free State have contributed to a fund at the University of the Free State’s (UFS) Centre for Accounting to give recognition to top achievers in the third-year programme for the B.Com. and B.Com Hons. degrees respectively this week. It is evidence of the good relationship that exists between the Centre and the South African Institute for Chartered Accountants (SAICA), Free State. Here, from the left, are: Mr Pieter Clase, CoetzeeSmit Chartered Accountants, Mr Oswald Wentworth, KPMG, Mr Ettienne van Niekerk, PricewaterhouseCoopers, Herman Leach, Gobodo Inc. Chartered Accountants, and Mr Stefan Strydom, Havenga, Rossouw & Viljoen; front: Mr Ian Smit, Enslins Bloemfontein, Ms Thelma Crossman, Mazars, and Ms Daphline O'Brien, Ernst & Young.
Photo: Stephen Collett

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20 April 2009
Faculty of Education, Faculty of the Humanities.

CHESD awards 15 masters degrees
A group of 15 students received the Structured M.A. (Higher Education Studies) of the Centre for Higher Education Studies and Development (CHESD) at this year’s autumn graduation ceremony of the University of the Free State (UFS). This is the biggest group in the centre's history to be awarded master’s degrees, while four of the students received distinctions. Also of interest is that six of the 15 students already have doctoral degrees. At the occasion were, from the left: Dr Dipane Hlalele, Qwaqwa Campus, Ms Liesl Hoare, Central Univeristy of Technology, Welkom Campus (best achiever), and Dr Fanus van Tonder, Programme Director: Higher Education Studies and Research, CHESD. Ms Hoare received the Deans medal in the Faculty of the Humanities as the best master’s graduate student at the graduation ceremony. At the faculty’s prize function she also received the Kovsie-Alumni Trust award as the best M.A student in the faculty. She also received the CHESD Prize for the best achievement in the Structured M.A. (Higher Education Studies).
Photo: Leonie Bolleurs

UFS awards degrees at autumn graduation ceremony
Five hundred and eighty six degrees and nine doctorates were awarded this week during this year's autumn graduation ceremony on the South Campus of the University of the Free State (UFS) to students in the Faculty of the Humanities. At the occasion were, from the left: Nicola Bekker, Madré van der Merwe and Esté Scholtz. All three the ladies received the qualification B.A. Language Practice.
Photo: Lacea Loader

This year’s autumn graduation ceremony of the University of the Free State (UFS) is held on the South Campus in Bloemfontein. Today a group of students from the Programme: Governance and Political Transformation in the Faculty of the Humanities received their qualification. From the left, front are: Dr Tania Coetzee, Head of the Programme: Governance and Political Transformation, and Mr Itumeleng Liba, Chief Operation Officer at CENTLEC; back: Mr Kennett Sinclair, Vice-Chairperson of COPE in the Northern Cape, Ms Nicole Joannou, Goldfields Business and Catering, and Mr Tembeni Lobe from Bloemfontein.
Photo: Lacea Loader

Some of the students who received their qualifications during this week's graduation ceremony of the Faculty of the Humanities were, from the left: Shu-Jung Chan, B.Mus. Hons., Brian Gxavu, B.Mus., and Mpolokeng Lepote, B.A. Media Studies.
Photo: Lacea Loader

UFS’s CHESD awards doctoral degree
Ms Mardi Delport (middle), Assistant Director: Media and Communications at the Central University of Technology received her Doctoral degree at this year’s autumn graduation ceremony of the University of the Free State (UFS). The title of her thesis is: “An internal communication model for the Central University of Technology, Free State as a multi-campus institution”. With her are her promoter Prof. Driekie Hay (left), Vice-Rector: Academic Planning, and her co-promoter, Prof. Annette Wilkinson (right) from the Centre for Higher Education Studies and Development (CHESD) at the UFS.
Photo: Leonie Bolleurs

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