CURRENTLY ON AIR ⇒
  • Ml Junaid Kharsany
    Tuesday, 6:20 pm - 7:00 pm
    [ - ]

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

Ramaphosa backs Eskom grid split to drive energy reform

Ramaphosa backs Eskom grid split to drive energy reform

4 August 2026 | 15:45 CAT 2-minute read Eskom’s transmission business is being prepared to become a fully independent state-owned grid company. Generation and distribution remain burdened by debt, ageing infrastructure and unpaid municipal accounts. An independent...

read more
Influencing Democracy

Influencing Democracy

Rabia Mayet | rabiamayet@radioislam.co.za 04 August 2026 2-minute read An article written by human rights lawyer and founder of the organization The Campaign for Free Expression Nicole Fritz claims that paid social media influencers and coordinated fake news campaigns...

read more
A Swim To Ceuta

A Swim To Ceuta

Rabia Mayet | rabiamayet@radioislam.co.za 03 August 2026 2-minute read Pressures driving irregular migration and the challenges facing both Morrocco and Spain have come to the fore once again, as scores of Moroccans returned to their homeland after entering the...

read more
Palestine Report

Palestine Report

3 August 2026 | 11:00 CAT 3-minute read Gaza disarmament, settler violence and pressure on aid workers The reported Hamas disarmament framework, escalating settler violence in the occupied West Bank and a growing international crackdown on Gaza advocates were among...

read more
Final Registrations!

Final Registrations!

Rabia Mayet | rabiamayet@radioislam.co.za 30 July 2026 1-minute read The President has announced the date of local elections for this year to be held on 4 November 2026. According to the IEC’s General Manager for Communications Fikile Moya, the final official voter...

read more

Subscribe to our Newsletter

0 Comments