New BELA Act School Regulations Spark Debate in South Africa

South Africa’s education landscape is once again in the spotlight as the Department of Basic Education opens draft regulations for public comment. These regulations, released under the Basic Education Laws Amendment (BELA) Act, deal with school admission policies and classroom capacity. They have sparked both cautious optimism and concern among parents, educators and political leaders.

The regulations aim to strengthen governance, improve inclusion and promote equality for the country’s 13.5 million learners. However, as with any major policy shift, the reaction has been mixed.

What the Regulations Cover

The regulations focus on two key areas: classroom sizes and admission policies.

On classroom sizes, the draft stipulates that a teacher may be responsible for a maximum of 40 learners per class. For Grade R, the cap is 30 learners per class. These numbers are intended to ensure teachers can provide quality attention to all learners and manage classrooms effectively.

Admission policies are proving more contentious. While School Governing Bodies (SGBs) can draft and amend school admission policies, the Head of Department (HOD) has the final authority to admit learners. According to the draft regulations, before making a final decision, the HOD must:

• Inform the SGB in writing of their intention to admit a learner.
• Provide reasons for the decision and key factors considered.
• Consider the learner’s best interests, specific needs, school capacity, and the wider community’s interests.

This framework is designed to balance state oversight with community input.

Public Participation Is Key

Minister of Basic Education, Siviwe Gwarube, emphasised the importance of public engagement through a government gazette earlier this month:

Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children.

The DBE has announced a national public awareness campaign to help parents, teachers and communities understand the draft regulations and submit informed comments.

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Why the Regulations Are Controversial

While the government positions the regulations as a step towards equity and inclusion, critics say they may centralise power at the expense of communities.

The ANC’s Joy Maimela, chairperson of the Portfolio Committee on Basic Education, expressed concerns over the wording of the regulations. In a parliamentary media statement, she argued:

It seems these regulations are attempting to rewrite the BELA Act and reintroduce matters that were unsuccessfully contested in the BELA Act legislative drafting process.

Her main concern is that referring to learner demographics and the surrounding community in admissions could reinforce local homogeneity, rather than promoting integration and equal access.

The BELA Act, itself, fully implementable since 24 December 2024, was signed into law amid opposition from parties such as the Democratic Alliance and various SGBs. Critics have long argued that centralising admission decisions reduces the authority of local governing bodies and communities.

Understanding the Context of the BELA Act

The BELA Act has been one of the most controversial education laws in recent years. It was introduced to amend the South African Schools Act, focusing on improving governance, accountability, and equity.

President Cyril Ramaphosa signed most of the Act into law in September 2024, but delayed the sections on admission and language policies to allow further debate within the Government of National Unity. The three-month pause reflected the sensitivity of these provisions, particularly regarding learner access and language of instruction.

Once fully enacted in December 2024, the Act clearly granted HODs the final say on admissions, although SGBs still draft and manage admission policies locally. The gazetted draft regulations now provide clarity on how this authority will be exercised, including requirements for consultation and written justification.

How Admission Policies Work in Practice

Under the draft regulations, SGBs are responsible for ensuring their policies are rational, fair and equitable. Policies must take into account:

• Learners’ best interests and specific needs.
• Demographics and education requirements of the community, including language preferences.
• Capacity limits of schools, ensuring classrooms are not overcrowded.

HODs, meanwhile, have the power to override admission decisions if necessary, but must provide written reasoning and allow the SGB to respond.

This approach is designed to protect learner rights, while also giving government oversight to ensure equitable access across schools.

School Governing Bodies’ Role

SGBs have historically played a critical role in school governance, particularly in admissions and language policy. Under the new regulations, they continue to:

• Draft admission policies that are inclusive and transparent.
• Consider equity and community demographics.
• Consult with parents and learners on policy changes.

The regulations attempt to strike a balance between state control and community input, although critics remain wary of potential overreach by HODs.

What This Means for Parents and Communities

For parents, the gazetted regulations are a chance to influence how schools operate. Practical steps include:

1. Reading the full regulations published on the DBE website.
2. Participating in community workshops and public hearings.
3. Submitting written comments before the closing date.
4. Engaging with SGBs to understand local admission policies.
5. Highlighting practical challenges, such as classroom overcrowding or language needs.

By participating, parents can ensure that policies are realistic, fair and contextually appropriate for their communities.

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Balancing Oversight and Equity

The regulations also raise important questions about equity in education. Limiting class sizes to 40 learners (30 for Grade R) is a move towards better teaching conditions. Overcrowded classrooms are linked to lower academic outcomes and teacher burnout.

Regarding admissions, it is important that decisions do not reinforce historical inequalities. Admission policies must be applied consistently, with attention to:

• Previously disadvantaged communities.
• Accessibility for learners with special needs.
• Linguistic diversity and inclusion.

Experts such as education policy analysts at the DBE have noted that careful implementation of these regulations can dismantle some historical barriers and ensure more equitable learning environments.

Looking Ahead

The gazetting of the first set of regulations is just the beginning. The BELA Act allows for a modular release of additional regulations, covering topics such as language policy and governance structures.

Minister Gwarube has encouraged all stakeholders to participate actively, saying that meaningful engagement is key to strengthening education governance in South Africa.

The Portfolio Committee on Basic Education will continue to monitor the process closely, ensuring that regulations align with the intent of the BELA Act and the national goal of inclusive education.

South Africa’s education system is at a critical juncture. With 13.5 million learners affected, these regulations could significantly influence access, equity, and quality in the years ahead. Parents, teachers, SGBs and communities all have a role to play in shaping policies that work for learners.

References

1. Department of Basic Education. (2025). Gazetted Regulations under the Basic Education Laws Amendment Act. Pretoria: Government Gazette. https://www.gov.za/documents
2. Government Gazette. (2025). Minister Siviwe Gwarube gazettes BELA regulations for public comment. https://www.gov.za/news/media-statements/minister-siviwe-gwarube-gazettes-bela-regulations-public-comment-06-aug-2025
3. Parliament of South Africa. (2025). Portfolio Committee on Basic Education Report. https://www.parliament.gov.za/press-releases/media-statement-basic-education-committee-chairperson-concerned-regulations-possibly-undermine-intent-bela-act
4. South African Schools Act, 1996. https://www.gov.za/documents/south-african-schools-act