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When predictions falter: The unfolding reality of the BELA Act

18 March 2025 Photo Supplied

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.

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Graduates challenged to fulfil their leadership obligations

2017-12-08

Photo: Johan Roux

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6 December: Morning
6 December: Afternoon
7 December: Morning
7 December: Afternoon

A total number of 1 226 qualifications, including diplomas, certificates, and degrees, were conferred during the two days of the 2017 End-of-Year Graduation Ceremony which took place on the Bloemfontein Campus of the University of the Free State (UFS). Forty doctorates and 109 master’s degrees were awarded. Most doctorates (19) were awarded in the Faculty of Natural and Agricultural Sciences which also conferred the biggest number of master’s degrees (27).

Celebrating excellence
Some of the highlights at this year’s graduation ceremonies were when the university honoured Prof Paul Holloway and Marius Botha with honorary doctorates and Joyene Isaacs with the Chancellor’s Medal.

Isaacs, Head of the Department of Agriculture in the Western Cape, who was nominated by the Centre for Sustainable Agriculture in the Faculty of Natural and Agricultural Sciences for the Chancellor’s Medal, said: “Agriculture is one of those areas people take for granted. With this medal, agriculture can come to the fore. Agriculture is placed in the spotlight and it is important for this country, but also globally, because we look after the food supply. For me agriculture has been a sustainable livelihood but also a career. Everything about agriculture excites me! I hope that through this award I can take agriculture to the next level.”

Prof Holloway, internationally acclaimed expert in the science and technology of surfaces, thin films, and nanoparticles, who received the Honorary Doctorate in Science degree, said: “This award recognises the efforts we (the UFS and the University of Florida in the US) have jointly developed. We introduced the UFS to phosphors and today it (the UFS) has world-wide recognition expertise in this field. We also learnt from them. They brought us technology we did not have before. It was a mutual growth technique and we all benefit from that. If you work together you can achieve remarkable things.”

“It is the greatest honour of my life. I’ve been associated with the UFS for 17 years in the capacity of moderator, examiner and sometimes lecturer.” These were the words of Botha, author and expert in the financial planning circles of South Africa who was nominated for an honorary degree by the School of Financial Planning Law.

Botha told graduates that a qualification in the financial planning field would give you many opportunities. “If you enter almost any financial services organisation in South Africa, you will find senior people there that completed the postgraduate diploma in Financial Planning Law at the UFS,” he said.

During a luncheon that was hosted by Prof Francis Petersen, the UFS Rector and Vice-Chancellor, in honour of these esteemed graduates, he thanked them for the contribution they had made, not only for the UFS, but for advancing science, technology, and the better of society. “The Honorary degrees and Chancellor’s Medal are the highest accolades and recognition that the university can bestow on individuals who have excelled in science or scholarship or have contributed to service to this country. You are exemplary individuals and you make the UFS, our country and the world proud,” he said.

Photo: Johan Roux

Inspiration for the future
Likeleli Monyamane, a UFS Council member, addressed graduates during the morning ceremony on 6 December 2017. She motivated graduates to walk tall and learn to serve our country. “Finding your voice comes with a responsibility to speak for those who do not have a voice,” Monyamane said.

Leah Molatseli, who launched South Africa’s first legal e-commerce website, Lenoma Legal, was the guest speaker at the afternoon session on 6 December 2017. “You are going to start afresh. It is going to feel like you know absolutely nothing and it’s ok. You need to make peace with that in order for you to learn.

“A lot of young people expect instant success when they enter a job. I am 29 and have had three jobs, two side jobs and numerous certificates. But I decided to create my own future. That is what I did with Lenoma Legal. Some people are meant to be ordinary and some extraordinary,” said this young entrepreneur and Kovsie Alumnus.

On the second day of the graduation ceremonies Dr Imtiaz Sooliman, founder and Director of the Gift of the Givers Foundation, challenged the newly graduated alumni to be carriers of hope for Africa. “We need people of skill, spirituality and heart,” he said.

“How do you want others to believe in you if you don’t believe in yourself? We South Africans, we can make things happen. Believe in yourself,” he said.

“The best science you can do is for others. The moment you achieve that, you mean something to someone,” he said.

Prior to dissolving the congregations, Dr Khotso Mokhele, the Chancellor of the UFS, said: “It has taken hard work, commitment, dedication, to walk across the stage. You deserve all of that.”

Interesting facts of the graduation
Among the graduates at these ceremonies was former Miss World 2014, Rolene Strauss. She received a Bachelor of Medicine and Bachelor of Surgery Degree.

The Faculty of Natural and Agricultural Sciences is also very proud of the first group of BAgric students who graduated on the Agricultural College Programme. The eight agriculture students all received the Bachelor of Agriculture degree, majoring in Agricultural Management.

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