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18 March 2025 Photo Supplied
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 enhances Geography in schools
2015-05-11

The Green Box

The Department of Geography at the University of the Free State (UFS), in association with the Society of South African Geographers (SSAG), is doing their part in providing curriculum support to schools. Dr Ruth Massey and Anneri Pretorius are the project managers of Green Box, an initiative to advance Geography in schools.

The Green Box supports the intermediate phase of schooling (Grades 4, 5, 6). According to Dr Massey, the worksheets and activities provided in the Green Box are aligned with the Curriculum and Assessment Policy Statements (CAPS) and the new curriculum. “These worksheets are divided into three themes: map work, physical Geography, and human Geography.

“Map work includes symbols and keys, grid references, and compass work whilst physical Geography focuses on water and waste, biodiversity and conservation, and weather and climate issues. The human Geography theme has a focus on population, rural and urban development, migration, food and farming, and transport and trade,” she said.

Each worksheet has a fact sheet section which teaches theory on the specific topic (linked to the curriculum), an activity section (all resources needed for these activities are provided in the box), and a ‘take it home’ section for further learning and practice at home.

The Green Box is a recycled plastic crate that comprises worksheets, training materials, visual aids, and resources for teaching, learning, and active engagement in Geography classes.

Also included in the box are a felt story board and characters (that link with the worksheet activities), the ‘Climate Change memory game’ (which enhances learner’s memory capabilities and teaches various climate change facts) and the ‘Sustainable Development puzzle game’ (which teaches about the social, biophysical, economic, and political elements of Sustainable Development, and how they overlap).

“All items in the box are locally sourced, robust, and without copyright,” said Dr Massey.

The project is focusing on 10 under-resourced schools in the Bloemfontein area. Each school has received three boxes (one for each grade of the Intermediate Phase).

Dr Massey said: “This box is to be shared among the teachers. The Green Boxes were distributed at a training and information workshop held at three central schools in the various districts. These workshops introduced the teachers to the contents of their box, and provided basic training on the worksheets and the activities provided.”

“The schools will be joined up with ‘Box Buddies’ at more resourced schools in Bloemfontein. These buddy schools will assist in support and in replenishing the box’s stationery, etc. when needed.”

“Monitoring and evaluation will take place for six months after the boxes have been distributed. This will ensure support to, and the sustainability of, the project.” The Green Box project was made possible through a grant from the Society of South African Geographers (SSAG).

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