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.