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18 October 2024 | Story Dr Solomon Chibaya | Photo Supplied
Dr Solomon Chibaya
Dr Solomon Chibaya is a lecturer in the Department of Education Management, Policy, and Comparative Education at the University of the Free State (UFS).


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

Spring graduation and diploma ceremonies
2010-09-17

The University of the Free State (UFS) has conferred 566 grade, 41 doctoral degrees and 274 diplomas at the spring graduation and diploma ceremonies. 

The two honorary doctoral degrees were conferred on Prof. Kalie Strydom and Dr Monty Jones. The event took place in die Callie Human Centre on the Main Campus. 

The UFS Management and personnel congratulates all our graduates on this achievement!

New UFS Chancellor confers his first degrees

The new Chancellor of the University of the Free State (UFS), Dr Khotso Mokhele, conferred the first degrees since he has taken up the position as Chancellor. The UFS awarded 266 degrees and 20 doctorates to students from the Faculties of the Humanities, Health Sciences, Education, Law and Theology during its Spring graduation ceremony on the Main Campus in Bloemfontein today. Pictured at the ceremony, from the left, are: Dr Mokhele and Prof. Jonathan Jansen (Rector and Vice-Chancellor of the UFS).
Photo: Mangaliso Radebe

 
UFS awards doctoral degree to 93-year-old graduate

This week Dr Anna de Jager received her doctoral degree in Religious Studies: Biblical and Religious Studies, during the Spring graduation ceremony of the University of the Free State (UFS) that took place in the Callie Human Centre on the Main Campus in Bloemfontein. Dr De Jager was the star of the day because she was the oldest person (93) who received her qualification during this graduation ceremony. The theme of her thesis is: Die belewing van geloofsekerheid by die Gereformeerde Afrikaanssprekende adolessente leerder.
Photo: Leonie Bolleurs

 
UFS honours an acclaimed educational researcher

The University of the Free State (UFS) conferred an Honorary Doctorate to Prof. Andries Hermanus (Kalie) Strydom during the Spring graduation ceremony held at the Callie Human Centre on the Main Campus today. Prof. Strydom is an alumnus and former academic of the UFS. His academic career can best be described as a lifetime of dedication to accountable research aimed at the advancement of higher education in South Africa. He is an acclaimed researcher in the field of higher education – nationally and internationally. His work over the last 30 years has not only been about supporting transformation in the education sector and specifically higher education, but also about capacity building of staff and supporting equity expectations without compromising quality.
Photo: Mangaliso Radebe

 
UFS confers another honorary doctorate

The University of the Free State (UFS) conferred another Honorary Doctorate today, this time on Dr Monty Jones (pictured), a Sierra Leonean who spent the last 32 years of his career in Africa working in international agricultural research for development institutions. Dr Jones is the Executive Director of the Forum for Agricultural Research in Africa (FARA) and co-winner of the prestigious 2004 World Food Prize. The UFS also awarded 300 degrees and 21 doctorates to students from the Faculties of Economic and Management Sciences and Natural and Agricultural Sciences; and 274 diplomas were conferred on students from all the faculties during the Spring graduation and diploma ceremonies on the Main Campus.
Photo: Mangaliso Radebe

 
UFS reaches another milestone in Sign Language

The University of the Free State (UFS) has become the first university in South Africa to award a Ph.D. in South African Sign Language. This honour was bestowed upon Dr Philemon Akach (pictured), Head of the Department of South African Sign Language at the UFS, during the Spring graduation and diploma ceremonies on the Main Campus. The UFS is also the first university in the country to have a fully-fledged and dedicated Department of South African Sign Language and it was the first university on the continent to offer Sign Language as an academic course in 1999.
Photo: Mangaliso Radebe

 
Proud day for UFS parent as daughter obtains first degree

On Thursday, 16 September 2010, Ms Rebecca Mohatlane from the University of the Free State (UFS) Student Academic Services had a day every mother dreams about when her daughter obtained her first degree. Puleng Mohatlane obtained a Baccalaureus Administrationis degree from the UFS’s Faculty of Economic and Management Sciences during this year’s September graduation ceremony. Puleng is currently continuing her studies at the UFS, working towards obtaining an honours degree.
Photo: Christiaan van der Merwe

 
Second generation student at Chemistry obtains doctorate degree

The Department of Chemistry at the University of the Free State (UFS) bore witness to a special event on Thursday, 16 September 2010 when another Conradie of the department received her doctoral degree. Marianne Conradie, daughter of Prof. Jeanet Conradie of the department, obtained her doctoral degree during the UFS’s 2010 Spring graduation ceremony. Adding to the already tight family connections, Prof. Conradie also acted as the promoter for Marianne’s thesis titled Rhodium and Iron complexes and transition states: A computational spectroscopic and electrochemical study.
Photo: Susan Conradie

 
Eastern Cape MEC obtains diploma at UFS

A member of the Eastern Cape’s Executive Committee (MEC), Mr Sicelo Gqobana, was one of the 800 graduates obtaining degrees or diplomas during the September 2010 graduation ceremonies at the University of the Free State (UFS). Currently serving as the Eastern Cape MEC for Local Government and Traditional affairs in the province, where he has been involved in politics since the 1990s. Mr Gqobana is also a former Chief Whip in the Provincial Legislature. Mr Gqobana, originally a teacher, obtained a Postgraduate Diploma in Governance and Political Transformation from the UFS on Thursday, 16 September 2010.
Photo: Christiaan van der Merwe.

 

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