Political parties and teacher unions react to new BELA Act regulations

Political parties and a teacher trade union have welcomed the two sets of regulations for the Basic Education Amendment Bill (BELA) Act being finally published for comment by Basic Education Minister Siviwe Gwarube earlier this week.

Gwarube has been under pressure to publish the regulations after the BELA Act came into operation on December 24, 2024, and previously released guidelines while the regulations were being drafted.

Gwarube said the two regulations, which deal with language and school capacity, were designed to ensure that the amendments in the BELA Act were implemented in a manner that upheld learners’ rights, enhanced school functionality, and maintained a careful balance of powers and functions between school governing bodies and the government in the management and governance of schools.

She indicated that further regulations would be released for public comment as soon as they were finalised, vetted, and approved.

“The Department of Basic Education will be embarking on a national public awareness campaign to ensure that the content of the draft regulations is well understood and that all interested parties are empowered to make informed submissions,” Gwarube said.

Sadtu on Friday noted the publishing of the two sets of draft regulations in the government gazette.

The union said it will exercise extreme vigilance to ensure that the regulations align strictly with the letter and spirit of the BELA Act.

“The union is committed to safeguarding the constitutional right of every learner to access quality education and will oppose any provisions that could undermine this right. “The union is currently studying the draft regulations and will submit formal comments on or before the deadline of 05 September 2025 as per the Basic Education Minister’s invitation.”

DA MP Delmaine Christians said the gazetting of the two draft regulations marked a critical milestone in the journey from policy adoption to practical implementation.

Christian said Gwarube has provided much-needed clarity for schools, school governing bodies, provinces, and the broader public, unlike previous approaches under the ANC, which were often marred by poor communication and vague directives.

“Minister Gwarube has ensured that the regulations are not only legally sound but also practically accessible. Equally important is the minister’s assurance that admission policies will not be unilaterally altered by the department. Instead, any such changes must follow a fair, regulated process,” she said.

Freedom Front Plus MP Wynand Boshoff said the published regulations were possibly the best that could be formulated within the framework of the objectionable law.

Boshoff said the regulations require the provincial heads of department to act in consultation with the school governing bodies.

He also said the definition of the school community remained problematic.

“The regulations should have made provision for schools whose communities are not necessarily in the immediate vicinity of the school, but failed to do so,” he said.

Boshoff urged public and independent Afrikaans schools to collaborate more closely.

“They serve the same cultural community, after all. While public schools currently have access to more resources, the government can easily take them away. Independent education (including home-schooling) may still be busy navigating a steep learning curve, but can already determine its fate,” he said.

GOOD Party secretary-general Brett Herron said Gwarube used the regulations to undermine the intention of the BELA Act and the now amended South African Schools Act.

“What should have been a welcome milestone, the gazetting of the first two sets of BELA regulations, nearly eight months after the Act came into effect in December 2024, has instead revealed serious concerns,” Heron said.

He also said the BELA Act was meant to reform outdated admissions and language policy frameworks and dismantle the spatial, linguistic, and racial barriers that persist in South Africa’s public education system.

“However, the wording of the regulations does not reflect that intention. Instead, the minister has selectively chosen language that risks entrenching exclusion,” Herron added.

mayibongwe.maqhina@inl.co.za