New rules for schools in South Africa
Minister of Basic Education Siviwe Gwarube has published additional draft regulations and a related draft notice for public comment as part of the implementation of the Basic Education Laws Amendment (BELA) Act.
The BELA Act is a South African law signed by President Cyril Ramaphosa in September 2024. There are three new sets of draft regulations and one draft notice dealing with school governing body elections.
The first draft regulation applies to the election of School Governing Bodies and outlines how schools can elect members to their governing bodies. There are three methods suggested for elections:
- A traditional meeting where people vote in person.
- Voting on a specific day set for elections.
- Secure online voting if the school has the right technology and security measures.
The second draft regulation prohibits unauthorised payments. This set of draft regulations prevents schools from informally paying state-employed teachers or other staff for extra work.
If a governing body wants to compensate these employees for genuinely extra tasks, it must do so officially and under oversight to ensure everything is above board.
The third regulation applies to teacher development facilities. This draft regulation focuses on ensuring that every teacher has access to good training facilities.
It aims to ensure these development centres are functional, safe, and inclusive, enabling teachers to improve their skills and teaching methods.
The fourth regulation applies to the National Education Information System. This proposal suggests a clear way to collect and manage educational data.
It would help track important information, such as the number of students and teachers and the availability of classrooms and resources.
This regulation also aims to ensure that support reaches the schools and communities that need it the most.
“Our responsibility is to ensure that implementation is lawful, responsible and workable, and that the schools, governing bodies and education officials who must give effect to the law have clear and practical guidance,” said Basic Education Minister, Siviwe Gwarube.
“These draft regulations and the related notice will support greater certainty and consistency across the sector, while giving the sector a meaningful opportunity to help improve the proposals before they are finalised.”
One-size-fits-all state model critiqued
Johnell Prinsloo, education researcher at the Solidarity Research Institute (SRI), warned that the regulations create an increasingly centralised and prescriptive system.
She said the three new draft regulations under the BELA Act indicate a worrying shift towards greater state control over public schools and could further limit the practical authority of governing bodies and school communities.
“Proper regulation is necessary, but schools cannot simply become administrative extensions of provincial education departments,” said Prinsloo.
“School governance must remain vested primarily in parents and school communities,” she said.
While Solidarity said it appreciates the improved support for teachers, there are concerns about a one-size-fits-all state model that fails to account for significant differences among provinces and between urban and rural communities.
“Teachers need practical support, not more administrative structures that make little difference in the classroom,” said Solidarity Teachers’ Network Head Johan Botha.
“In particular, there needs to be greater clarity on funding, accessibility and digital alternatives,” said Botha.
The BELA Act is currently in effect, and its implementation is ongoing throughout the basic education sector.
The draft regulations published aim to provide clarity, consistency, and practical support in four key areas that schools, governing bodies, and education departments must address to comply with the amended law.
The Department of Education said the publication invites various groups to review the proposals and submit their feedback before the regulations are finalised.
These groups include parents, teachers, learners, school governing bodies, education organisations, unions, faith-based organisations, civil society, and all interested South Africans.
After the public comment period ends, the Department said all submissions will be carefully reviewed before the regulations are finalised.
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