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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 involved in project to light up the townships

2006-06-06

The parties involved with the project are from the left: Prof Hendrik Swart (Departmental Chairperson of the UFS Department of Physics), Dr Thembela Hillie (CSIR), Prof Neerich Revaprasadu (Department of Chemistry at the University of Zululand) and Dr Wynand Steyn (CSIR).

UFS involved in project that could light up the townships

The University of the Free State’s (UFS) Department of Physics is involved with a project that could make life easier in the townships through the use of artificial light.

“The project is based on the use of sunlight to activate nano material in for example cement and paint during the day. At night the cement or paint can then radiate light,” said Prof Hendrik Swart, Departmental Chairperson of the UFS Department of Physics.

According to Prof Swart an amount of R3,9 million has been made available by the Council for Scientific and Industrial Research (CSIR) for the further development of the project.

Prof Swart visited the University of Florida in America in 1995 for a year where he researched luminescent phosphor material that is suitable for flat panel television screens. The red, green and blue spots on the television screens originate from these kinds of phosphor materials. “At that stage plasma television screens were only a dream. Today it is sold everywhere,” said Prof Swart.

“Upon my return I started a research group at the UFS which investigated the degrading of phosphor material. We also started to concentrate on the effectiveness of nano phosphors. In the mean time our cooperation with the Americans was strengthened with follow-up visits to America of my colleagues, Prof Koos Terblans and Mr Martin Ntwaeaborwa,” said Prof Swart.

“Nano phosphors are basically luminescent powders that consist of particles that are 1 millionth of a millimetre. These particles can provide light as soon as they are illuminated with, for instance, sunlight. The amount of time these particles can provide light, is determined by the impurities in the material,” said Prof Swart.

According to Prof Swart nano particles are developed and linked to infrastructure materials in order for these materials to be excited during the day by sunlight and then it emits light during night time.

“The nano material is of such a nature that it can be mixed with materials, such as paint or cement. The yellow lines of roads can for example emit light in a natural way during night time,” said Prof Swart.

About a year ago Prof Swart and Dr Thembela Hillie, a former Ph D-student of the UFS Department of Physics, had discussions with Prof Neerich Revaprasadu from the University of Zululand and the CSIR about the possibility of mixing these nano phosphor particles with other materials that can be used as light sources in the building of roads and houses.

“Prof Revaprasadu is also actively involved in the research of nano materials. Our efforts resulted in the CSIR approving the further extension of the project,” said Prof Swart.

“The UFS and the University of Zululand are currently busy investigating ways to extend the light emitting time,” said Prof Swart.

“There are eight M Sc and Ph D-students from the UFS and about five students from the University of Zululand working on this research project. The Department of Physics at the Qwaqwa Campus of the UFS, with Francis Dejene as subject head, is also involved with the project,” said Prof Swart.

According to Prof Swart the further applications of nano materials are unlimited. “Children whose parents cannot afford electricity can for instance leave any object such as a lamp, that is covered with these phosphor particles, in the sun during the day and use it at night as a light for study purposes,” said Prof Swart.

According to Prof Swart the further extension of the project will take about two years. “During this time we want to determine how the effectiveness of the phosphors can be increased. Discussions with the government and other role players for the possible implementation of the project are also part of our planning,” said Prof Swart.

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

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