BELA Act Regulations Spark Controversy Over School Admissions and Learner Rights
Basic Education Minister Siviwe Gwarube has been accused of using the gazetting of the Basic Education Laws Amendment (BELA) Act regulations to sow confusion, delay the implementation of the Act and advance the DA’s political agenda.
BELA Act Regulations Change How Learners Are Admitted to Public Schools in South Africa
The Minister of Basic Education, Ms Siviwe Gwarube, recently gazetted the first two sets of regulations under the Basic Education Laws Amendment Act (BELA Act) of 2024 for public comment. These regulations focus on school admissions, language policy, and school capacity. The Department claims they are designed to uphold learners’ rights, improve school functionality, and balance powers between schools and government.
Why This Is Controversial:
Critics say the regulations deviate from the original BELA Act and may harm learners rather than help them. Key concerns include:
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Feeder Zones vs. Education Districts: The regulations introduce “feeder zones” to control enrolment, replacing the Act’s reference to broader “education districts”. Experts warn this could reinforce local demographic homogeneity, limiting access for previously disadvantaged learners.
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HOD Admission Authority: The Head of Department (HOD) can overrule school governing bodies, potentially reducing transparency and increasing political influence in placements.
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Language Policy Risks: Critics, including the GOOD Party, argue that language rules in schools could preserve historical privileges and entrench exclusion rather than promote inclusivity.
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Parental Rights and Immunisation Rules: Parents remain concerned about compulsory vaccination proof for admission, with exemptions requiring bureaucratic approval.
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Learner Impact: Confusion over regulations, delays, and fragmented implementation may disrupt learning, increase administrative burdens on schools, and leave vulnerable learners at risk of exclusion.
Stakeholder Reactions:
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SADTU accuses the Minister of using the regulations to sow confusion, delay implementation, and advance a political agenda, highlighting that the Act itself grants only the power to make regulations, not guidelines.
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The GOOD Party warns that new language in the regulations undermines legislative intent and could entrench historical inequalities.
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PEESA supports reform to enforce accountability; however, it stresses that regulations should not remove powers from school governing bodies.
Call to Action:
Parents, educators, and concerned citizens are urged to review the draft regulations and submit feedback before September 30, 2025. Comments can be sent to AdmissionRegz@dbe.gov.za. You can also make your voice heard via dearsouthafrica.co.za/.
