Govt Opens Public Comment on BELA Act Regulations to Transform School Admissions

The newly gazetted regulations deal primarily with school admissions policies and school capacity management, two of the most debated aspects of the BELA Act.

 

The South African government has officially gazetted the first two sets of draft regulations under the Basic Education Laws Amendment Act (BELA Act) 2024, inviting members of the public to submit written comments by 5 September 2025. This step marks a crucial milestone in implementing the landmark education reforms that became law on 24 December 2024.

Focus on School Capacity and Admissions

The newly gazetted regulations deal primarily with school admissions policies and school capacity management, two of the most debated aspects of the BELA Act. The Department of Basic Education (DBE) said these measures are intended to protect learners’ rights, ensure fair access to schools, and improve overall functionality within the basic education sector.

By addressing admission bottlenecks and inconsistencies in how schools determine their intake, the regulations seek to promote equity, inclusivity, and transparency. They are also designed to prevent arbitrary or discriminatory practices that may disadvantage learners based on language, background, or geographic location.

Opportunities for Public Engagement

The DBE has emphasized that the gazetting of these regulations provides an important opportunity for education stakeholders, parents, and civil society to help shape the future of basic education.

“Active public participation will strengthen the implementation of the BELA Act and ensure that the reforms are responsive to the realities faced by schools and communities,” the Department said in a statement.

The draft regulations can be accessed via the Department of Basic Education’s website at www.education.gov.za and in Government Gazette Nos. 53119 and 53120 of 6 August 2025. Members of the public can submit their feedback through the official DBE portal: Call for Comments.

Implementation of the BELA Act

The BELA Act 2024 introduces wide-ranging changes to the South African Schools Act and the Employment of Educators Act, with the aim of strengthening governance, accountability, and learner protection. The current phase of regulatory rollout ensures that the provisions of the law are implemented in a practical and legally sound manner.

The Department confirmed that additional regulations covering other sections of the Act are in progress and will be published for public comment once finalized, vetted, and approved.

Key Reform Areas

While these first regulations are focused on admissions and school capacity, the broader BELA Act introduces reforms in several other areas, including:

• Language and admissions policies: Requiring schools to align with principles of equity and inclusivity.

• School governing bodies (SGBs): Clarifying roles to ensure governance structures are accountable.

• Learner discipline: Strengthening measures to balance discipline with the protection of children’s rights.

• Compulsory schooling: Extending the scope of compulsory education to cover younger learners.

Education experts have noted that these reforms could transform the landscape of South African schooling, making access more equitable while also tackling persistent challenges around overcrowding, uneven resourcing, and governance disputes between schools and provincial education departments.

A Call for Inclusive Dialogue

Stakeholders across the education sector—including teacher unions, parent associations, learners’ rights organizations, and provincial education authorities—are expected to weigh in during the consultation period.

The DBE has stressed that constructive public engagement will be critical in finalizing regulations that both uphold the spirit of the BELA Act and address the practical realities faced by schools.

The deadline for submissions is 5 September 2025.