Basic Education Minister Siviwe Gwarube on Thursday gazetted two sets of regulations dealing with school capacity and admission.
The public now has 30 days to comment on the first set of regulations under the controversial Basic Education Laws Amendment Act (Bela Act), which was signed into law in September last year.
Basic Education Minister Siviwe Gwarube on Thursday gazetted two sets of regulations dealing with school capacity and admissions, marking what she called “a significant milestone” in the Act’s implementation.
Regulations open for public input
“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,” said Gwarube.
“Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children.”
The draft regulations are available on the Department of Basic Education’s website and in Government Gazette No. 53119 and 53120 of 6 August 2025. Comments must be submitted by 5 September 2025.
Bela gazettes
The Admission of Learners to Public Schools Regulations set out uniform rules for all provinces, ensuring equitable access while balancing the powers of School Governing Bodies (SGBs) and government.
They require that no eligible student may be denied access to a public school except as provided by law, with compulsory school-age learners given priority.
Admission policies must be fair, inclusive, and consistent with the constitution, considering factors such as community demographics, language preferences, school resources, and capacity
The Minimum Uniform Norms and Standards for Capacity of Ordinary Public Schools Regulations introduce clear formulas to calculate school capacity, excluding specialist classrooms such as laboratories and libraries.
Grade R classrooms must have at least 60m², accommodating up to 33 pupils, while Grades 1 to 12 classrooms must be at least 48m², with a maximum of 40 learners per teacher.
Controversial provisions of the Bela Act
The Bela Act has drawn sharp criticism from some quarters since its inception. Key flashpoints include:
- Language policies – The law gives provincial education departments the final say on a school’s language policy, a function previously held by school governing bodies (SGBs). Critics argue this could undermine community control of schools.
- Homeschooling regulations – Parents who homeschool must now register annually and follow a prescribed curriculum, with assessments overseen by the department.
- Admission powers – Provincial heads of department can now override an SGB’s decision on learner admissions if deemed discriminatory or exclusionary.
Proponents say these changes are aimed at promoting equity and preventing unfair exclusion. Opponents claim they erode school autonomy and parental rights.
ALSO READ: Bela Act guidelines issued, minister accused of ‘worthless’ delays
Public urged to engage
Gwarube said the staggered release of regulations would avoid delays and ensure each section is thoroughly consulted on. A national awareness campaign will roll out to help communities understand the draft rules and make informed submissions.
The South African Democratic Teachers’ Union (Sadtu) said it would scrutinise the regulations.
“Sadtu will exercise extreme vigilance to ensure that the regulations align strictly with the letter and spirit of the Bela Act,” the union said.
“We are committed to safeguarding the constitutional right of every learner to access quality education and will oppose any provisions that could undermine this right.”
Written submissions can be made to the Department of Basic Education through the channels listed in the gazette.
All South Africans, from parents and teachers to education experts and community members, are invited to contribute.
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