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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 Council unanimously approves two senior appointments

2014-11-24

The Council of the University of the Free State (UFS) unanimously approved the appointment of Dr Lis Lange as Vice-Rector: Academic and Prof Sechaba Mahlomaholo as Dean: Education during its meeting on Friday 21 November 2014.

Dr Lis Lange is currently Acting Vice-Rector: Academic at the University of the Free State, where she holds a substantive position as Senior Director heading the Directorate for Institutional Research and Academic Planning (DIRAP). Prof Mahlomaholo is Head of the School of Mathematics, Natural Sciences and Technology Education at the UFS.

“These are two exceptional and trusted academics with international stature and I am delighted to welcome them as part of the senior leadership of the UFS. Dr Lange’s skills set pertaining to academic management and quality assurance make her one of only a few people with similar skills in the country, while Prof Mahlomaholo is a leading expert in community-based education,” says Prof Jonathan Jansen, Vice-Chancellor and Rector of the UFS.

Dr Lange joined the UFS in 2011. Before this, she was the Executive Director (2006-2010) of the Higher Education Quality Committee of the Council of Higher Education (CHE), and Acting CEO of the same organisation between August 2007 and April 2008. She has been involved in the development and implementation of science and technology and higher education policy in South Africa for a decade and a half, working in different capacities in the Human Sciences Research Council, the National Research Foundation and the Council on Higher Education. Dr Lange has served as a member of the board of the International Network of Quality Assurance Agencies in Higher Education (INQAAHE) and has participated in several international initiatives on quality assurance. She is the editor of an academic journal focused on the humanities, Acta Academica.

She has undertaken research and published in the fields of history, higher education and quality assurance. Her major concern in both research and practice is the role of higher education in the development of democratic societies, based on social justice. Dr Lange studied in Argentina, Mexico and South Africa, where she obtained a PhD in South African history from the University of the Witwatersrand.

Prof Mahlomaholo is a graduate of the Universities of the North, Western Cape and Harvard University in the United States. He is a National Research Foundation (NRF)-rated Professor of Education.

Before joining the UFS, he worked at six other universities where he was Deputy Dean in the Faculty of Education (UNIN-QwaQwa), Head of Professional Education (Vista University), Professor and Director of Research and Postgraduate Studies (MEDUNSA), Professor and Director of Curriculum Development (Central University of Technology), and Research Professor (North-West University).

His research interests lie in designing strategies mounted on Bricolage, Participatory Action Research and Critical Emancipatory Research as theoretical bases. He leads the NRF-sponsored project on the creation of Sustainable Learning Environments in schools. In this Participatory Action Research project, 28 PhD and 22 MEd students participate under the guidance of 15 academics. The project has relationships with the Global Network project (St Petersburg University), the Post-Colonial Education project (West Indies University) and the Discourse, Power, Resistance project (Plymouth University and now University of London). He has served as guest editor in the following ISI-indexed, peer-reviewed and accredited journals: the South African Journal of Higher Education (2010 and 2014), the South African Journal of Education (2011), Communitas (2012), the Journal of New Generation Sciences (2012), the Journal for Transdisciplinary Research in Southern Africa (2013) and the Journal of Education Studies (2013).

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