Key Stakeholders Welcome the Publication of BELA Act Regulations
The Basic Education Amendment Bill (BELA) Act has taken a significant step forward with the recent publication of two sets of regulations for public comment. These regulations, focusing on language and school capacity, have been welcomed by political parties and a teacher trade union. The move comes after years of anticipation from stakeholders who have been urging the Department of Basic Education to finalize and release these guidelines.
Minister Siviwe Gwarube, who is responsible for overseeing basic education in South Africa, has faced pressure to publish the regulations since the BELA Act came into effect on December 24, 2024. Prior to this, the department had issued preliminary guidelines during the drafting process, but the lack of formal regulations left many questions unanswered.
Gwarube emphasized that the two new regulations are designed to ensure that the amendments within the BELA Act are implemented in a way that upholds learners’ rights, enhances school functionality, and maintains a balanced approach between school governing bodies and the government in managing and governing schools.
She also announced that further regulations will be released for public comment once they are finalized, vetted, and approved. To ensure transparency and understanding, the Department of Basic Education plans to launch a national public awareness campaign. This initiative aims to help all interested parties fully comprehend the content of the draft regulations and make informed submissions.
Union Expresses Concerns Over Implementation
Sadtu, a prominent teacher trade union, acknowledged the publication of the two sets of draft regulations in the government gazette. The union pledged to closely monitor the regulations to ensure they align with the spirit and letter of the BELA Act. Sadtu stressed its commitment to protecting every learner’s constitutional right to access quality education and warned against any provisions that might undermine this goal.
The union is currently reviewing the draft regulations and plans to submit formal comments by September 5, 2025, as invited by the minister.
Political Reactions Highlight Divergent Views
DA MP Delmaine Christians described the gazetting of the two draft regulations as a critical milestone in the journey from policy adoption to practical implementation. She praised Gwarube for providing much-needed clarity for schools, governing bodies, provinces, and the broader public. In contrast, she noted that previous approaches under the ANC were often characterized by poor communication and vague directives.
Christians also highlighted the importance of ensuring that admission policies are not unilaterally altered by the department. Instead, any changes must follow a fair and regulated process, according to the minister’s assurances.
Freedom Front Plus MP Wynand Boshoff acknowledged that the published regulations may represent the best possible outcome within the framework of the controversial law. He pointed out that the regulations require provincial heads of department to consult with school governing bodies. However, he raised concerns about the definition of the school community, which he believes remains problematic.
Boshoff urged public and independent Afrikaans schools to collaborate more closely, emphasizing their shared cultural interests. While public schools have greater access to resources, he warned that these could be withdrawn at any time. Independent education, including home-schooling, is still navigating challenges but has the potential to shape its own future.
Criticism Over the Intent of the BELA Act
GOOD Party secretary-general Brett Herron criticized the use of the regulations to undermine the original intent of the BELA Act and the amended South African Schools Act. He argued that what should have been a positive development—gazetting the first two sets of regulations—has instead raised serious concerns.
Herron pointed out that the BELA Act was meant to reform outdated admissions and language policies and dismantle spatial, linguistic, and racial barriers in South Africa’s public education system. However, he claimed that the wording of the regulations does not reflect this intention and instead risks entrenching exclusion.
Conclusion
The publication of the BELA Act regulations marks a pivotal moment in South Africa’s educational landscape. While some stakeholders express optimism about the progress, others remain concerned about the potential impact on learners’ rights and the integrity of the law. As the public comment period unfolds, the next steps will be crucial in shaping the future of basic education in the country.