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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

SASOL TRAC laboratory launched at UFS Qwaqwa Campus

2006-05-08

Some of the guests attending the launch of the Sasol TRAC Laboratory at the University of the Free State's (UFS) Qwaqwa Campus were from the left Prof Peter Mbati (Principal of the Qwaqwa Campus), Mrs Zimbini Zwane ( Communications Manager of Sasol Infrachem), Prof Gerhardt de Klerk (Dean : UFS Faculty of the Humanities), Prof Fred Hugo
Director of TRAC SA) and Prof Jack van der Linde (Director of RIEP at the UFS).

SASOL TRAC laboratory launched at UFS Qwaqwa Campus

The Research Institute for Education Planning (RIEP) of the University of the Free State (UFS) today unveiled the Sasol TRAC Laboratory at its Qwaqwa campus.

The laboratory will be used to help grade 10, 11 and 12 learners and educators from the Qwaqwa region to conduct the experiments from the physical sciences outcome-based curriculum.

“The Sasol TRAC Laboratory introduces learners not only to the latest technology used by engineers and other scientists in practice but also to stimulate the learner’s interest in the field of science in such a way that more of them will enter into science related careers,” says Mr Cobus van Breda, Co-ordinator of the TRAC Free State Regional Centre.

According to Mr van Breda the newly established Sasol TRAC Laboratory will enable RIEP to train learners and their educators in Physical Sciences. The laboratory will consist of six work stations equipped with computers and electronic sensors.

“Learners from the Qwaqwa region will visit the Sasol TRAC Laboratory on regular basis to conduct experiments based on the curriculum. Data will be collected with electronic apparatus and presented as graphs on the computer so that results can be analysed and interpreted,” says Mr van Breda.

“There is a serious shortage of suitable qualified teachers in maths and science in the Qwaqwa region. Many schools in the region are not yet part of the RIEP project and are in dire need of assistance. A large number of these schools are in remote areas not reached regularly by intervention programmes,” says Prof Peter Mbati, Principal of the UFS Qwaqwa Campus.

“The establishment of the Sasol TRAC Laboratory at the Qwaqwa Campus provides us the opportunity to engage with our community and assist in the development and training of these vital education subjects. We are pleased that Sasol agreed to fund the project,” says Prof Mbati.

Students from the Qwaqwa Campus will also benefit from the TRAC programme. “Some promising students will also undergo further training and become assistants for the TRAC programme,” says Prof Mbati.

“Nurturing science and mathematical skills is of great importance in growing our national economy. Annually, Sasol invests more than R50 million in supporting mathematical and science education in South Africa. Our primary aim is to increase the number of learners gaining access to tertiary education in the science fields. Therefore, our Corporate Social Investment (CSI) education interventions at secondary school level focus on educator development and direct learner interventions such as the Sasol TRAC Laboratory,” explains Ms Pamilla Mudhray, CSI and SHARP manager at Sasol.

According to Ms Mudhray the implementation of the National Curriculum Statement for physical sciences in the further education and training (FET) phase from 2006, under resourced schools will need greater access to the tools and equipment necessary to teach the syllabus and fulfil the ideals of the curriculum.

TRAC South Africa is a national non-profit programme focused on supporting and expanding science, mathematics and technology education in secondary schools. The programme was first introduced to South Africa in 1994. In 2005, RIEP established the TRAC Free State regional centre on the UFS Main Campus in Bloemfontein.

Media release
Issued by: Lacea Loader
Media Representative
Tel: (051) 401-2584
Cell: 083 645 2454
E-mail: loaderl.stg@mail.uovs.ac.za
5 May 2006

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