CURRENTLY ON AIR ⇒
  • Riyaadhuth Thaakereen - Live Thikr Programme
    Monday, 4:00 am - 5:00 am
    [ - ]

feedback@radioislam.org.za

logo


((( Listen Live )))))
Radio Islam Logo


Legal Challenges to the BELA Act Fail to Materialise

Neelam Rahim | neelam@radioislam.co.za

3-minute read
21 March 2025 | 09:30 CAT

BELA Act stands firm: Legal challenges fade as inclusivity takes center stage. (Photo – TimesLIVE)

Despite initial opposition and expectations of legal battles, the Basic Education Laws Amendment (BELA) Act has seen little resistance since its enactment. Experts suggest that its constitutional foundations and emphasis on dispute resolution have mitigated potential litigation.

Dr. Solomon Chibaya, an education expert at the University of the Free State, attributes the lack of legal challenges to a combination of acceptance and hesitation. “There has been some level of broader acceptance, but also lethargy due to the inability to effectively litigate against it,” he explains. “The absence of legal battles, despite strong opposition during its drafting, remains puzzling.”

A key aspect of the BELA Act is its emphasis on inclusivity in education, particularly regarding language policies and school admissions. The Act aims to reform historically exclusive schools by enforcing transformation in line with constitutional mandates. “The transformative agenda is now in full swing,” Dr. Chibaya notes. “Schools that were once exclusive are now compelled to embrace inclusivity, reflecting the democratic ideals embedded in our education system.”

Critics argue that the Act undermines the autonomy of school governing bodies (SGBs), a long-debated issue. However, Dr. Chibaya contends that this shift is necessary to align school policies with constitutional values. “Yes, the autonomy of SGBs has been somewhat curtailed,” he admits. “But the goal is to ensure that policies are not only legally sound but also inclusive and democratic. The BELA Act closes loopholes that previously allowed discriminatory practices.”

Another significant aspect of the legislation is its prioritization of mediation over litigation. Dr. Chibaya views this as a strength rather than a limitation. “The Act is designed to resolve disputes through arbitration and mediation, reducing the burden on courts and fostering participatory governance. This ensures that education policies are developed in a way that is inclusive and representative of community needs.”

While some speculate that legal or political challenges may arise in the future, Dr. Chibaya believes the BELA Act’s constitutional grounding makes it unlikely to face significant resistance. “Any amendments would depend on shifts in community needs and policy effectiveness over time,” he concludes. “However, the Act’s firm legal foundation suggests that it is here to stay.”

Listen to the full interview on Your World Today with Annisa Essack and Dr Solomon Chibiya here.

ADVERTISE HERE

Prime Spot!!!

Contact:
advertisingadmin@radioislam.co.za 

Related Articles

ARV Supply Secured Despite Supplier Challenges

ARV Supply Secured Despite Supplier Challenges

Neelam Rahim | neelam@radioislam.co.za 3-minute read 29 January 2026 The Department of Health has reassured HIV-positive South Africans that there is no shortage of antiretroviral (ARV) medicines, despite reports that two suppliers under the current ARV tender have...

read more
GNU stability under scrutiny as local elections loom

GNU stability under scrutiny as local elections loom

Neelam Rahim | neelam@radioislam.co.za 3-minute read 28 January 2026 At the start of 2026, South Africa’s Government of National Unity (GNU) is projecting an image of calm after a turbulent first year marked by public spats and policy disagreements. With budgets...

read more
The Media Lens

The Media Lens

Sameera Casmod | sameerac@radioislam.co.za 28 January 2025 | 12:14 CAT 2-minute read America bulks up forces in Gulf region The presence of American forces in the Gulf region has significantly increased due to escalating tensions with Iran. On Monday, the USS Abraham...

read more
The ANC’s Bold New Plans

The ANC’s Bold New Plans

Rabia Mayet | rabiamayet@radioislam.co.za 27 January 2026 1-minute read The ANC’s bold plans to strengthen service delivery at local government level and municipalities have been given the thumbs-up by government experts, on the condition that it is not only talk but...

read more
The Africa Report

The Africa Report

Sameera Casmod | sameerac@radioislam.co.za 27 January 2026 | 12:15 CAT 3-minute read Sincere or hollow? Belgium confronts its role in Lumumba’s assassination On January 20, 2026, a court in Brussels, Belgium, held a procedural hearing regarding the prosecution of...

read more
Media Lens With Ebrahim Deen: Greenland

Media Lens With Ebrahim Deen: Greenland

Rabia Mayet | rabiamayet@radioislam.co.za 22 January 2026 2-minute read Strategically located in the Arctic, and with an abundance of rare metal resources under its ice, it is no surprise that Greenland is once again in the news. In this 4th Industrial Revolution,...

read more

Subscribe to our Newsletter

0 Comments