Important new laws for schools in South Africa are here
The Department of Basic Education has gazetted two sets of regulations for public schools in South Africa, which are now open for public comment.
Broadly, the two sets of regulations deal with classroom sizes and admission policies of public schools and come from the controversial Basic Education Laws Amendment Act, which was signed into law late last year.
According to the department, the two sets of regulations are just the first of many to come under the BELA Act, with the minister opting for a “modular release” approach to avoid delays.
Basic Education Minister Siviwe Gwarube said that the regulations mark a “significant milestone” in the years-long process, which she said will strengthen governance and bring inclusion and equality for South Africa’s 13.5 million learners.
The gazetted regulations relate to key provisions of the South African Schools Act regarding school capacity and school admissions.
These are designed to ensure that the amendments introduced by the BELA Act, which has been law and fully implementable since 24 December 2024.
The BELA Act was signed into law amid fervent opposition from parties like the Democratic Alliance and school governing bodies, which criticised the changes as centralising power within the state at the expense of SGBs, parents and communities.
However, Gwarube, a DA minister, said that the regulations that have been gazetted ensure that the laws are implemented in a manner that upholds learners’ rights, enhance school functionality, and ensure there is a balance of powers between SGBs and the government.
In terms of the capacity regulations, the highlight in the document is that public school classrooms be limited to one teacher per class of 40 learners. For Grade R, this should be one teacher for a class of 30.
However, one of the biggest points of contention in the BELA Act is admission policies. Specifically, who has the final say on admission.
Admission policies in the spotlight
The regulations make it clear that the final say on admission policies and the admission of learners rests with the heads of department (HOD) within the government.
While it is up to SGBs to drafting or amending a school’s admission policy, “the HOD has final authority to admit a learner to a public school”.
Perhaps in a bid to quell the anger over this fact, the regulations do specify that this has to be done after consultation with the governing body of the school.
“Before exercising the authority to admit a learner to a public school, the HOD must inform the governing body of the public school in writing of his or her intention to exercise this authority and provide a reasonable opportunity for the governing body to respond,” the department said.
The written notice to the public school’s governing body must include the reasons and key factors that informed the HOD’s decision.
The HOD’s final admission decision must also consider the learner’s best interests and specific needs, as well as capacity factors at the schools and the interests of the wider community.
The regulations place a similar onus on SGBs in drafting admission policies, which have to be rational, fair and take into account the interests of learners, equitible access and removing barriers to participation.
Importantly, admission policies need to factor in “the demographics and education needs of the surrounding community, including language preferences.”
Language policies of schools were also a highly controversial aspect of the BELA Act. Future regulations are expected to address this aspect in more detail.
According to Gwarube, with the regulations now open for comment, it is up to parents, teachers, school governing bodies, civil society, education experts and community members to participate meaningfully in the process.
“Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children,” she said.
She added that the department will embark on a national public awareness campaign to ensure that the draft regulations’ content is well understood and that all interested parties are empowered to make informed submissions.
The regulations can be found below:
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