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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, Faculty of Education, University of the Free State.


One of the most humbling intellectual reckonings occurs when reality defies even the most well-reasoned predictions, compelling one to acknowledge misjudgement. Some may call it swallowing the humble pie, but in the realm of law and governance, it serves as a reminder of the unpredictable nature of socio-political dynamics. When the Basic Education Laws Amendment (BELA) Bill was signed into law, I anticipated a legal battleground - a flood of court challenges from those vehemently opposed to its provisions. I was wrong. I also foresaw fractures within the Government of National Unity (GNU), expecting tensions to manifest in visible discord. Wrong again. The fierce contestation promised by opponents of the Bill and the Act has, thus far, amounted to little more than rhetorical smoke without the anticipated fire. The impassioned declarations of legal warfare that once filled public discourse have not translated into the courtroom the battles as I had envisaged. This turn of events is not only fascinating but also challenges broader assumptions about resistance and contestation in contemporary policymaking.

Why have legal challenges not materialised?

To understand the absence of legal challenges against the BELA Act, one must retrace its origins - its conception, development, and the rigorous debates that shaped it. The BELA Bill was first drafted in 2013, following the African National Congress’s (ANC) 2012 elective conference, which mandated amendments to the South African Schools Act (SASA), 84 of 1996. At its core, the Bill was anchored in the transformative principles of the Constitution of South Africa, serving as a legislative instrument to advance equity, inclusivity, and equality in the education system. Given its constitutional foundation, one must ask: who could successfully litigate against a law built on such unassailable pillars of justice and democratic values? The very essence of the Act is woven into the broader framework of South Africa’s post-apartheid transformation, making any legal opposition not just a challenge to policy but a confrontation with the constitutional ideals that underpin the nation’s democracy.

Constitutional imperative for inclusivity

Any legal challenge against the BELA Act, particularly concerning language and admission policies, would ultimately be rendered unconstitutional. The Act is not merely a legislative adjustment; it is a transformative mechanism that promotes linguistic diversity, broadens access to education, and fosters inclusivity in school admissions and employment. These reforms align with the constitutional vision of democratic participation and equitable opportunity, ensuring that mother-tongue instruction evolves alongside a more integrated and representative education system. Who, then, could successfully contest a model that upholds these fundamental democratic values?

At the heart of the Act’s implementation lies a collaborative governance framework, where School Governing Bodies (SGBs) comprising parents, educators, and non-educator staff, work in tandem with the Department of Basic Education at both provincial and national levels to shape policies that best serve their schools. Rather than diminishing the role of SGBs, the Act strengthens their mandate within a broader, constitutionally guided educational ecosystem. Any resistance to this cooperative approach would not only be a defiance of participatory governance but also an attempt to obstruct the very principles upon which South Africa’s democratic and inclusive education system is built.

A masterstroke in legal foresight

A closer examination of the BELA Act reveals a legislative framework meticulously designed to pre-empt legal battles by embedding arbitration and mediation as the primary mechanisms for resolving disputes. In the event of conflicts between SGBs or their representatives, such as FEDSAS, and the Department of Basic Education, the Act prescribes alternative dispute resolution mechanisms, effectively curtailing costly and protracted litigation. Beyond its procedural elegance, the Act reflects a jurisprudential evolution, drawing heavily from precedents set by past court rulings and sealing the loopholes that once rendered the South African Schools Act (SASA) vulnerable to legal contestation. By doing so, the BELA Act assumes the character of case law, informed by judicial scrutiny and legislative refinement.

With such a robust legal foundation, the anticipated flood of litigation against the Act has failed to materialise. Could I have miscalculated again? Highly improbable. In a climate of economic volatility and geopolitical realignment, financial prudence is non-negotiable, and litigation remains an expensive and time-consuming endeavour. Even the most relentless legal advocates must recognise the futility of challenging a law so deeply embedded in the constitutional ethos of the Republic of South Africa (1996). The once-fiery calls for litigation have seemingly dissipated into a quiet acknowledgement of legal inevitability. 

News Archive

Community of Qwaqwa gives Prof Petersen a warm Basotho welcome
2017-05-16

 

 Description: Prof Petersen with Basotho hat and blanket Tags: Prof Petersen with Basotho hat and blanket

 Prof Francis Petersen, Vice-Chancellor and Rector of the University of the Free State
Photo: Ian van Straaten

Photo Gallery
Video

Various stakeholders pledged their support to the newly-appointed Vice-Chancellor and Rector of the University of the Free State (UFS), Prof Francis Petersen, during the first in a series of welcoming events that was held at the Qwaqwa Campus on Thursday 11 May 2017.

A message of support and welcome from the Paramount Queen of the Bakoena Royal Council, Mofumahadi Mathokoana Mopeli, took everybody in attendance back three decades to the time when the campus was first established.

“The Qwaqwa Campus of the then University of the North was created to swell this area and the broader Eastern Free State with intellectual capacity,” she said.

“It is with this in mind that we encourage you, Prof Petersen, to continue upholding the best of your predecessors. Search for what they could not achieve and learn from that. Traditional leadership in this area will always be a friend to the university,” she added.

Description: Community of Qwaqwa gives Prof Petersen a warm Basotho welcome Tags: Community of Qwaqwa gives Prof Petersen a warm Basotho welcome

Prof Petersen received a warm Basotho
welcome from Morena Thokoana Mopeli and
Paramount Queen Mofumahadi Mathokoana Mopeli of
the Bakoena Royal Council. With them is
Mrs Cheslyn Petersen.
Photo: Thabo Kessah

The Thabo Mofutsanyana Education District was represented by the Acting District Director, Lindiwe Mabaso, who expressed the district’s pride in being associated with the university.

“Our district is excelling in Mathematics and Science, and this can be attributed to the educators that we get from the Qwaqwa Campus. We are proud to say that we are number one nationally when it comes to Mathematics and Science, and this is through the support we get from the campus. Our schools will continue to be centres of excellence under the new leadership of Prof Petersen,” she said.

Staff and students weigh in

Both Nehawu and Uvpersu expressed their optimism in working with Prof Petersen.

Branch chairperson of Nehawu, Teboho Pitso, said the union appreciated the fact that Prof Petersen was taking over the leadership of the institution at a very difficult time, both institutionally and nationally.

“As workers, we are faced with a lot of challenges and we hope that none of us will be retrenched under your leadership,” he said to an appreciative audience consisting of various internal and external stakeholders.

Acting Chairperson of UVPERSU, Khethiwe Biyo, said the workers’ union was happy that Prof Petersen believed in teamwork.

“Your commitment in working with us is appreciated. We look forward to learning from you about institutional innovation,” she said.

Students were represented by the Qwaqwa Campus SRC President, Njabulo Mwali, who expressed the need for a deeper and detailed transformation process.

“Your expertise and skills have set you above all other aspirant applicants for this position, and we hope that we will learn a lot on this journey,” he said.

“We at the UFS are actively, intentionally,
and continuously engaged in promoting
diversity.”

"Ensure fairness" 

In his response, Prof Petersen emphasised the importance of inclusivity and innovativeness. He said, “Staff and students at the three sites of learning must do all they can to ensure that the UFS realises its goal of being an inclusive institution, one that provides equal access and opportunities to everyone, makes a conscious effort to prevent discrimination, and ensure fairness.”

“Being committed to inclusivity means that we at the UFS are actively, intentionally, and continuously engaged in promoting diversity. This diversity is expressed through our people and through the curriculum, and in the way we work with our communities to promote awareness, empathy, and understanding of the complex ways individuals interact. As you know, our ultimate goal as a university is not only to educate young people up to the point that they graduate. What they learn during their time with us should help shape them into people who can think innovatively in order to address the challenges that face us in the 21st century,” he said.

The Qwaqwa Campus Chorale and the award-winning choir from The Beacon Secondary School in Phuthaditjhaba provided the entertainment.

Similar events will respectively be hosted on the South and Bloemfontein Campuses on 18 and 19 May 2017.

 

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