The public school sector in South Africa is set for major changes following the Department of Basic Education’s (DBE) release of two new regulation sets for public comment. These form part of the Basic Education Laws Amendment (BELA) Act, which came into effect on 24 December 2024, and focus on classroom sizes and admission policies.
Minister of Basic Education Siviwe Gwarube described the move as a significant step in implementing the BELA Act responsibly and inclusively, with the goal of improving governance, equity, and the quality of education for the country’s 13.5 million learners.
The gazetted regulations amend sections of the South African Schools Act related to school capacity and admissions, aiming to protect learners’ rights, improve school operations, and balance the roles of School Governing Bodies (SGBs) and government. Additional regulations will be published once finalised, with the DBE adopting a phased approach to prevent delays.
Minister Gwarube urged the public to contribute:
“These regulations will affect how schools are governed, how children are admitted, and how our values as a society are reflected in our education system. I call on parents, teachers, SGBs, civil society, education experts, and community members to participate meaningfully in this process.”
A national public awareness campaign will accompany the consultation period to ensure all stakeholders understand the draft regulations before submitting feedback.
Why These Regulations Matter
According to the government, the BELA Act amends the South African Schools Act of 1996 to address historical inequalities, promote inclusivity, and strengthen provincial oversight. However, it has faced large-scale criticism for various reasons, particularly over the balance of power between SGBs and provincial departments regarding admissions and language policies.
These two sets of regulations—on learner admissions and school capacity—are the first under the Act. Critics, including Parliament’s Portfolio Committee Chairperson, accuse the Minister of reintroducing contentious elements from earlier drafts. Central to the debate is the perceived shift of authority from SGBs to provincial Heads of Department (HODs), especially over admissions and capacity decisions.
Admissions Regulations
The new admissions process centralises authority with the HOD. While SGBs can draft admission policies, the HOD has final say on learner placements. Parents disputing an SGB’s decision must appeal to the HOD, whose ruling is final except for further appeal to the provincial MEC.
The regulations prohibit admission refusals based on unfair discrimination, including race, gender, disability, or language preference. However, critics argue the HOD’s decision-making—shaped by local demographics and education needs—could weaken community-specific or single-medium schools, particularly Afrikaans-medium institutions.
Furthermore, SGBs must align policies with the Constitution, the Schools Act, and these new regulations, including consideration of community demographics. The HOD can order policy changes within 90 days and impose new policies if SGBs fail to comply.
Capacity Regulations
The second set of regulations standardises how school capacity is calculated, based on usable classrooms and space per learner—1.2m² per learner plus 6m² for the teacher. Class size caps are set at 30 learners per Grade R teacher and 40 per teacher in Grades 1–12.
While designed to prevent overcrowding and improve quality, critics say the formula may be too rigid, limiting schools’ ability to adapt to unique circumstances. A contentious clause allows the HOD to admit learners above declared capacity to protect their constitutional right to education, raising fears of overcrowding in well-performing schools.
Support and Opposition
Supporters argue the regulations will help dismantle barriers to education and ensure equitable access, particularly in under-resourced areas. Opponents, including Solidarity and AfriForum, see them as a threat to SGB autonomy and single-medium schools. Political parties such as the Democratic Alliance and Freedom Front Plus also oppose the demographic considerations clause, warning it could force language policy changes.
Public Participation
The public comment period closes on 5 September 2025. Draft regulations are available on the Department of Basic Education’s website and in the Government Gazette No. 53119 and Government Gazette No. 53120 (6 August 2025). Submissions can be made via email, post, or provincial education offices. The DBE will also host in-person and virtual consultation sessions to ensure broad access, including for rural communities.
The outcome will depend on the government’s ability to address concerns, secure resources, and maintain transparency. Collaboration between provincial authorities, SGBs, and communities will be key to achieving the BELA Act’s vision of inclusive, high-quality education for all learners.
While we wait to see the outcome, let us know your thoughts in the comment section below.
Be sure to read, Vryheid Residents Outraged Over New Borehole Tariff — AfriForum Demands Answers, if you missed it.
Here are some FAQs on the subject:
New government rules change how learners are admitted to public schools and set limits on how many students can be in each classroom. These changes aim to make school admissions fairer and improve the quality of teaching by reducing overcrowding.
While schools can suggest their own admission policies, the final decision on admitting learners will be made by the education department’s Head of Department (HOD). If parents disagree with an admission decision, they can appeal first to the HOD, and then to the provincial education authorities.
The new rules say there should be no more than 30 learners per teacher in Grade R, and no more than 40 learners per teacher from Grades 1 to 12. This is to help prevent overcrowded classrooms and improve learning conditions.
No. The new rules say schools cannot refuse admission based on unfair reasons like race, gender, disability, or language. Every child has the right to go to school and get an education.
The public can comment on the draft rules until 5 September 2025. Comments can be sent by email, post, or through provincial education offices. There will also be meetings where people can ask questions and share their views.
2 Responses
Bella actually is just another way for Government to elevate control. Dictatorship is all it knows. Bella act WILL NOT be of Aid to anyone let alone learners. They can’t controll the education system as is. Fix that first.
Total bunch of Rot
Seconded this act is superb and professional