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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

Qwaqwa Campus opens: Prof. PA Mbati's speech
2005-01-22

Official welcome speech by Prof. PA Mbati for 2005 first year students held on Saturday 22nd January 2005. Program Director, The Chief Director Operations Rev. Kiepi Jaftha, Dean of Students Dr. Natie Luyt, Program Head of the Faculty of Humanities, Dr. Elias Malete, Program Head of Faculty of Natural and Agricultural Sciences, Prof. Riaan Luyt, Acting Program Head of the Faculty of Economics and Management Sciences Prof. Andries Venter, Deputy Director Student Affairs Mr. Teboho Manchu, Coordinator Finance: Mrs. Elizabeth Nchapi, Senior Librarian Mr. Stoffel Kok, Senior Magistrate Mr Saul Mohosho, SRC President Mr. Tello Motloung, members of staff, invited guests, parents, guardians, my dear students, ladies and gentlemen.

It is indeed my pleasure to welcome you to the official welcoming ceremony of the UFS-Qwaqwa Campus 2005 first year students. Our Rector and Vice Chancellor Professor Frederick has requested me to pass to you his warmest wishes and regards on this special occasion. I am confident that the orientation exercise in which you have participated has achieved the desired effect of introducing you to your new way of life here on campus, and that you are now sufficiently prepared to get on with the rigors of being a student at this University.

Following the restructuring of the higher education landscape, the Qwaqwa campus was incorporated into the University of the Free State with effect from January 1 2003 . As a consequence, Management was faced with a whole complex series of challenges including, primarily making the campus financially viable, but also ensuring that it remains relevant in it’s core business as a satellite campus of the University of the Free State in terms of its teaching, learning, research and community service responsibilities.

A whole series of strategic planning workshops were conducted last year with both internal and external stakeholders. Various important strategic objectives were flagged out, and the next level of consultation will take place soon. I know that there is a lot of eagerness, sometimes to the level of impatience to see this process completed as quickly as possible. But again on the other hand, due to the far reaching consequences of any hasty decisions, plus the need for a carefully planned process, we need to be a little more patient before the implementation of the strategic objectives is implemented. You will be kept informed as this important and critical aspect in the evolution of our campus takes place.

As a response to the need for a more effective governance model on the Qwaqwa campus, a review of the governance structure was completed towards the end of 2004 and will soon serve before the Executive of the Executive Management for approval.

Due to the importance that top management attaches to the development of an effective governance on the Qwaqwa campus, the process was facilitated by an internationally acclaimed consultant. Again the contents of the revised governance model will be made known to the campus and the broader community once it is approved.

I am glad to report that in recognition of the need to improve the infrastructure on campus to provide a conducive learning atmosphere to our students, a total of 8.2 million rands was made available towards the end of 2004 for recapitalization of specifically our student residences and lecture venues. The first phase of the residence renovation is completed and residences C, D and E have now been officially handed over to the University by the Contractor. Among the features of the renovated residences is that they will now computer rooms, kitchenettes for cooking, and a redesigned TV room. The rooms have even been fitted with heaters. Our challenge will now be to maintain our newly acquired facilities and to ensure that they do not again deteriorate to an un-acceptable level. The second phase of renovation will start soon.

As indicated in my address during the orientation week, our obligation to you as a campus is to offer you quality training to the best of our ability, and to disseminate this knowledge to you within a conducive atmosphere worthy of good learning. On the other hand, our students have to take advantage of this opportunity to acquire the necessary skills and training in the various academic programs that we offer on campus.

We have a very simple agenda on this campus – our vision is to continuously strive to build and develop the Qwaqwa campus of University of the Free State into a truly quality institution of higher learning in our country. To develop a tradition and culture in which we are proud of who we are, and constantly and tirelessly working towards excellence in our academic programs, and other non-academic but core and important aspects in your growth and development such as sport and community service. To nurture young conscientious citizens who are aware of their duties and responsibilities. Ultimately to produce hard working young people who fully exploit their potentials, and who will serve this country with diligence when unleashed into the real world in effectively managing their roles and responsibilities in society, whether in private or government civil service.

I would like to encourage that the various stake holders of this campus, the students, academic, administrative and support staff, and our broader community, to work together in harmony for the well being of our campus. For this campus to continue to be relevant in the environment that we find ourselves, there is a need for continuous engagement of its various stake holders, and genuinely listening to each other. We must continuously and regularly keep our feelers on alert in order that we can remain relevant.

I am particularly inviting our parents and guardians, the alumni of this campus, and leaders from our community to join hands with us in seeking solutions to the various challenges that we continue to face on campus. I am open for frank and honest discourse on the best way forward for our campus.

The University of the Free State is committed in making tertiary education accessible to as many students as possible. In this regard, students who do not have the required ‘M’ score to gain entry into main stream classes are given an opportunity to study in the highly successful ‘bridging program’ in which learners are integrated with main stream students but with fewer courses to tackle in order to ensure success. This is done on the premise that such students have the potential to pursue a degree course, and that therefore within a well structured program, they can make a success of their lives.

The University is conscious of the fact that in many instances several academically deserving students fail to be admitted into university due to financial reasons. For students who are academically deserving but who because of reasons of poverty cannot pay the requisite fees, the university is able to assist such students through the National Financial Aid Scheme – commonly known as NSFAS, and University Merit Awards. Other incentives such as Sports bursaries are also available.

Please remember that it is important to balance your life on campus and the phrase ‘a healthy mind in a healthy body’ aptly describes this statement. Ensure that you participate in sport and cultural activities of this campus so that you can develop and strengthen the various God-given talents that you have been blessed with.

A second major ingredient for your success on campus is discipline and respect for rules, policies and procedures that govern the University of the Free State , and respect for your fellow students. Good discipline is a major contributory factor to success in life, and more so in your formative academic life at University. This means for example that you must attend all your lectures, complete your assignments on-time and visit the library frequently. Please manage your time wisely and responsibly. Remember that as a university student, you are basically the master and architect of your own destiny.

Think very carefully when you are confronted with difficult situations, be they negative peer pressure, or temptations to indulge in intoxicating drugs, and make the right choice.

The University has well trained personnel including a social worker, a psychologist and counselor, and members of the student affairs division under the leadership of Mr. Teboho Manchu, Deputy Director Student Affairs, who are available to assist whenever you require their help.

Today is also a special day because we have officially inaugurated the SRC President and the rest of the SRC leadership. I am sure that you all join me in congratulating the SRC for being elected to their leadership roles for 2005. Mr. SRC president and your team, please remember that you now have a huge responsibility in carrying out the aspirations of the student body on campus. I want to wish you luck and success as you champion the rights of your constituents, which I believe and trust will be compatible with management’s expectations with regard to quality teaching and learning on campus. As you are aware, Management values the input that the student leadership makes in the operational management of the affairs of this campus, and we look forward to a cordial, non-confrontational working relationship with a view of rendering un-paralleled service on campus.

Mr. Program Director, allow me to wish everyone here a successful and prosperous year. May the good Lord give us the strength and courage to overcome any obstacle that may be placed in our way in the course of our work in 2005.

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