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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.

News Archive

UFS takes 70 first-year students to the USA

2010-08-20

Mr Rudi Buys (middle, with tie) with some of the students selected for the F1 Programme
Photo: Gerhard Louw

The University of the Free State (UFS) has announced the names of the first ever group of 70 first-year students that will travel to the United States of America (USA) as part of the university’s Student Leadership Development Programme.

This group of students will spend two weeks at universities in the USA to experience student life and learn about leadership and diversity at these universities.

“This is a first for not only the UFS, but also for South Africa and we are incredibly proud. The programme is unique to any other student leadership development programme in the country. We are leading the way and are taking students to live and learn amongst students at various universities across the USA,” said Mr Rudi Buys, Dean of Student Affairs at the UFS.

The programme was one of the goals of Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS, which he aimed to realise when he was appointed by the UFS in 2009.

“With the programme we want to develop participants’ thinking and capacity to lead in the contexts of diversity and change and we hope to direct them to programmes leading change in student life in general upon their return,” Mr Buys said.

The 70 students will leave for the USA on 22 September 2010. After spending some time there and learning more about their American peers’ lives and culture, they will return to the UFS on 7 October 2010.

“We took great care in selecting the 70 participants. They are representative of all our students, as well as students from our Qwaqwa Campus,” said Mr Buys.

A rigorous selection process was followed, which focused on the students’ academic excellence, their participation in student- and residence-life programmes and their interest in growing in the areas of, amongst others, leadership, diversity and citizenship. Each candidate had to undergo a pre-selection process, followed by a panel interview consisting of staff from various faculties and divisions at the UFS.

The students will stay in groups of about ten at the various universities, which include universities such as Cornell University, New York University, the University of Massachusetts, the Appalachian State University and Virginia Polytechnic University. “These universities will provide our students with accommodation and will present various academic and cultural programmes which our students will participate in and learn from,” said Mr Buys.

“We have also put a programme in place to prepare our students thoroughly for the trip. Because some of them have never travelled on an aeroplane, let alone travelled to a foreign country, we have made arrangements with the Department of Home Affairs for assistance with travel documentation, as well as special arrangements with the USA Embassy for assistance with visas. They will also be attending workshops focusing on, amongst others, research, leadership and diversity before their departure on 22 September 2010.

“Upon their arrival in the USA the group of students will firstly be taken to Washington DC where they will be briefed about American customs, etc. From there they will be placed at the various universities,” said Mr Buys.

Upon their return the students must be involved in student-life programmes on campus, establish volunteer programmes and initiate and establish mentoring programmes for their fellow students. “We want them to give back what they have learnt and experienced,” said Mr Buys.

“We are planning on implementing the Student Leadership Development Programme as an annual programme and are looking forward to this incredible programme through which this group of first-year students will have the opportunity of a lifetime to be true ambassadors of South Africa and, in particular, the UFS, as they leave for the USA,” he said.

Media Release:
Mangaliso Radebe
Assistant Director: Media Liaison
Tel: 051 401 2828
Cell: 078 460 3320
E-mail: radebemt@ufs.ac.za
20 August 2010

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