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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 takes steps to address power shedding
2008-01-31

The problem of power shedding was urgently discussed by the Executive Committee of the Executive Management (Exco) during its meeting yesterday.

A report was presented by Ms Edma Pelzer, Director: Physical Resources and Special Projects, and a consulting electrical engineer about possible short, medium and long term solutions for the UFS.

This includes (a) the possible installation of equipment (eg. power generators) and (b) operating procedures to ensure the UFS’s functionality despite power shedding.

We are also in contact with Centlec to bring about the best possible arrangements for the UFS regarding the power shedding. It is possible that refined power shedding schedules will be implemented within a few weeks or a month to ensure that there is minimal disruptions at the UFS (especially during evening lectures).

In the long term it is unaffordable to generate power for the whole campus to meet everyone’s electricity needs. Only critical points will be supplied with emergency power generators.

Emergency power generation for certain critical points have already been provided for (eg. the Callie Human Centre, the evacuation of large halls, computer services, critical long term research projects, etc.). We have been doing surveys since 2006 to determine the UFS’s preparedness for “normal” power failures. The extent of the current situation has, however, taken the whole country by surprise.

Certain urgent steps were decided on yesterday. A decision was made to immediately design emergency power systems and supply it to the new examination centre and large lecture halls such as the Stabilis, Flippie Groenewoud, Agriculture building, and possibly the West Block. The delivery and installation of these systems will, however, take from three to six months.

The UFS will have to manage despite the power shedding, even after the emergency power systems have been installed and we will not be able to function as normal. Every division must devise operating procedures to deal with the power shedding without jeopardising the quality of core functions.

Bloemfontein is luckier than many other cities because Centlec is able (so far) to keep to the published schedule to a large extent.

Plans are also being made to keep staff and students continuously informed via the UFS web site about expected power shedding schedules and risks of power shedding in the course of a day.

Exco requests every faculty and support service to think about suitable operational solutions for managing their work and meetings during a power shedding.

Every line head has instructions to urgently determine the situation and needs in his or her division and indicate what practical arrangements can and must be made to schedule work around the power shedding. Every line head must provide Exco with a status report within a week.

In this way critical areas in terms of core functions and high quality service delivery will be determined and receive attention. Security systems and the safety of staff and students will also receive specific attention - this includes the residences.

In the mean time the Department of Physical Resources will carry on with a wide-ranging investigation into the extent of needs and plans and will compile a budget for the solution thereof.

Prof. Teuns Verschoor, Vice-Rector: Academic Operations, and the deans had a meeting yesterday to discuss problems and possible solutions around the power shedding in eg. computer rooms, during evening lectures, and practical classes.

Options may include eg. alternative time slots (eg. weekends) or alternative halls (eg. at the Vista Campus) for evening lectures which are affected by power shedding, or adjusted teaching methods.

Staff is requested not to install their own power generators under any circumstances. It can be very dangerous when such apparatus are linked to a building’s electrical system. The safety of staff and students and the risks of fire or injuries must also be the highest priority under all circumstances.

The Department of Physical Resources is also in the process of investigating options such as smaller power generators or ‘UPS’ apparatus as part of a broader evaluation of needs and potential solutions.

Exco wants to ensure all staff and students that this matter is receiving urgent attention and will keep on receiving it.

If there are any practical solutions about dealing with the power shedding (such as alternative ways of working) you are invited to send an e-mail to: lightsout@ufs.ac.za  

 

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