BELA Act regulations open for public comment
Basic Education Minister Siviwe Gwarube has gazetted the first two sets of regulations under the Basic Education Laws Amendment Act (BELA Act) for public comment, urging members of the public to submit written comments by September 30.
Government Gazette No. 53119 and 53120 were gazetted on Wednesday, with Gwarube explaining that the regulations relate to key provisions of the South African Schools Act regarding school capacity and school admissions.
Gazette No. 53119 refers to the South African Schools Act, 1996 Admission of Learners to Public Schools, while Gazette No. 53120 refers to Minimum Uniform Norms and Standards for capacity of Ordinary Public Schools.
“This marks a significant milestone in the responsible and inclusive implementation of the BELA Act, aimed at strengthening the governance, equity and quality of education for the country’s 13.5-million learners,” she said.
President Cyril Ramaphosa signed the Bill into law in September last year but delayed its full implementation by three months to allow for discussions on the contested sections, this despite a significant degree of public rejection and concern over its constitutionality.
The Bill has been applicable law since December 2024.
Gwarube pointed out that the regulations gazetted were designed to ensure that the amendments introduced by the BELA Act upheld learners’ rights, enhanced school functionality and maintained the careful balance of powers and functions between school governing bodies (SGBs) and government in the proper management and governance of schools.
She said further regulations would be released for public comment as soon as they were finalised, legally vetted and approved.
“This modular release approach has been adopted to avoid the delays that a bulk publication would otherwise have caused,” she explained.
Gwarube emphasised that the release of these regulations for public comment was an important opportunity for education stakeholders and the broader South African public to actively shape the future of basic education in the country.
“These regulations are instruments that will affect how schools are governed and managed, how children are admitted, and how our values as a society are reflected in our education system. I call on all South Africans, including parents, teachers, SGBs, civil society, education experts and community members to participate meaningfully in this public comment process. Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children,” she explained.
She highlighted that her department would be embarking on a national public awareness campaign to ensure that the content of the draft regulations was well understood and that all interested parties were empowered to make informed submissions.
The public find details on making submissions on Gazette No. 53119 here and on Gazette No. 53120 here.
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