The BELA Act: A new chapter for South African education
The BELA Bill was introduced to amend the South African Schools Act of 1996 and the Employment of Educators Act of 1998, reflecting the evolving needs of the education sector.
After years of debate, the Basic Education Laws Amendment (BELA) Act has officially been signed into law, bringing with it sweeping changes to South Africa’s education system.
Initially proposed in 2017, the Act aims to modernise school policies to promote inclusivity, protect learners’ rights, and align with constitutional and court rulings.
However, its passage has not been without controversy.
The BELA Bill was introduced to amend the South African Schools Act of 1996 and the Employment of Educators Act of 1998, reflecting the evolving needs of the education sector.
After years of discussions, it was passed by the National Assembly in May 2024 and signed into law by President Cyril Ramaphosa on September 13, 2024.
However, due to strong opposition, certain sections, particularly those dealing with school admissions and language policies, were put on hold for further consultation.
Following months of negotiations within the Government of National Unity task team, an agreement was reached, and on December 20, 2024, Ramaphosa issued a Presidential Proclamation, fully enacting the BELA Act.
Why was the BELA Act introduced?
South Africa’s education system continues to bear the scars of apartheid-era policies, with disparities in school access, resources, and language policies.
The Bill of Rights guarantees the right to basic education for all learners, including the right to receive education in the language of their choice, where practicable.
The BELA Act is positioned as a mechanism to reduce inequality, enhance inclusivity, and improve education quality for all South African learners.
Key changes and controversies
- Compulsory Grade R
One of the Act’s biggest shifts is making Grade R compulsory for all children turning five by June 30 in the year of admission.
While experts agree that this could improve early childhood learning, concerns have been raised about funding shortages and whether it could take resources away from critical programmes like the National School Nutrition Programme.
- School Admissions and the role of School Governing Bodies (SGBs)
Under the Act, school governing bodies (SGBs) must align their admission policies with constitutional principles and provincial education department guidelines.
While they still draft admission policies, the provincial education department now has the final say on admissions, a shift that opponents argue diminishes community and parental involvement in schools.
The law also mandates that SGBs must review their admissions policies every three years or whenever circumstances change.
If a learner is denied admission, the Act lays out a clear appeal process.
- Language Policy Reforms
Language has been a major point of contention. While SGBs still determine school language policies, they must consider the language needs of the broader community, equity, and inclusion.
Provincial education heads can now propose dual-medium instruction in schools where it is practical, ensuring that more learners can access quality education in their preferred language.
Opponents, particularly Freedom Front Plus (FF) and Solidarity, argue that this threatens Afrikaans-medium schools, while supporters say it prevents language policies from being used as a tool for exclusion.
Notably, South African Sign Language is now officially recognised for teaching and learning in public schools, one of the Act’s least controversial and widely welcomed provisions.
- Home education regulations
Homeschooling remains legal under the BELA Act, but stricter regulations now require parents to register their children with the Department of Basic Education, follow the national curriculum, and undergo regular assessments.
While aimed at ensuring educational standards, homeschooling advocates have expressed concerns about government overreach.
- Stricter school discipline and attendance rules
The Act introduces stronger penalties for those who disrupt school operations or prevent children from attending school without valid reasons.
Parents or guardians who fail to ensure their child attends school could face fines or up to 12 months in jail.
Schools are now obligated to monitor learner attendance.
Corporal punishment and initiation practices are explicitly prohibited, with stricter enforcement.
The Act also provides a clear framework for student expulsion for serious misconduct, including drug-related offences and violence.
Misinformation and misconceptions
Several false claims have circulated about the BELA Act:
Myth: Teachers now have authority over learners’ reproductive choices, including abortions.
Fact: The Act only allows the Minister to regulate how schools manage learner pregnancies, but it does not give teachers authority over medical decisions.
Myth: BELA forces schools to introduce Comprehensive Sexuality Education (CSE).
Fact: There is no provision in the Act mandating CSE in schools.
