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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

UFS teams up with Department of Agriculture and donates latest farming technology to Oppermans
2009-03-09

 
Attending the recent launch of the latest technology that measures the salinity of soil – the EM38 system – during an information day held in Jacobsdal were, from the left, back: Mr Robert Dlomo, a farmer from Pietermaritzburg in KwaZulu-Natal, Prof. Leon van Rensburg, Department of Soil, Crop and Climate Sciences at the UFS, Mr Sugar Ramakarane, head of the Department of Agriculture in the Free State, Dr Motseki Hlatshwayo, national Department of Agriculture, and Prof. Herman van Schalkwyk, Dean of the Faculty of Natural and Agricultural Sciences at the UFS; front: Mr Robert Smith and Mr Fagan Scheepers from Oppermansgronde, who will be working with the EM38 system in the area.
Photo: Landbouweekblad
UFS teams up with Department of Agriculture and donates latest farming technology to Oppermans

Emerging and commercial farmers of the Oppermans Community in the Northern Cape will now be able to monitor the salinity levels on their farms effectively for the first time.

This is as a result of a donation of the latest technology that measures the salinity of soil – the EM38 system – which the University of the Free State (UFS) is donating to the community.

The unique project was launched by the Department of Soil, Crop and Climate Sciences at the UFS and the Department of Agriculture in the Free State during an information day held at Jacobsdal recently.

The day was attended by members of the Oppermans Community and representatives of the UFS as well as the Department of Agriculture. Mr Sugar Ramakarane, Head of the Department of Agriculture in the Free State, did the welcoming and several academics from the UFS held discussions about various topics related to the salinity levels in soil.

Since the establishment of the Oppermans Community emerging farmers are now for the first time able to accurately monitor the salinity levels on their farms as well as that of irrigation schemes of commercial farms in the area.

“In a region such as the Northern Cape it is very important that the salinity level of soil is monitored properly. As water is administered to crops, salts accumulate in the soil because the roots leave most of the salts in the soil when it transpires. When the salinity of soil increases, the osmotic potential thereof can also increase, which can seriously damage the water intake of crops and can create loss in yield and income,” said Prof. Leon van Rensburg from the Department of Soil, Crop and Climate Sciences at the UFS and leader of the Oppermans Project.

To assist the farming community of Oppermans to apply precision farming and to measure the salinity level of soil more accurately the latest technology that measures salinity in soil – the EM38 – will be donated to the community. Although the system is used throughout the world, the UFS is the only tertiary institution in the country that owns the latest version of this system.

“We are also training two persons from the Oppermans Community as technicians that will monitor the use of the system. The advantage of the donation of the system for the university is that we can gather data that can be used for research purposes by our Master’s and Doctoral students. We also want to see if water-table heights can be measured with this system,” said Prof. Van Rensburg.

According to him the system has several advantages for the community’s emerging farmers. “For the first time the salinity level of soil can now be measured accurately, salt maps can be drawn up, we can advise farmers about the corrections that need to be made and salinity management plans can be compiled,” he said.

The system is very accurate as it takes measurements every 200 mm while it is pulled by a four-wheel motorbike. The readings provide the distribution of salts up to a soil depth of 1 500 mm. “In the past the measuring of salinity levels was time-consuming and the cost thereof was R90 for one sample. The new system is more cost-effective,” stated Prof. Van Rensburg.

The instruments will be handed over to the African Spirit Group of the Oppermans Community, who will then become the owners. The service to farmers will then be managed by an operational group consisting of people from the Oppermans Community, a postgraduate student who can compile salinity maps and Prof. Van Rensburg, who will act as project leader and advisor.

The system will also be made available to farmers at the Riet River and Vaalharts Schemes.

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl.stg@ufs.ac.za  
9 March 2009
 

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