The Minister of Basic Education, Ms Siviwe Gwarube, has officially gazetted the first two sets of regulations under the Basic Education Laws Amendment Act, 2024 (BELA Act) for public comment.
This marks a significant milestone in the responsible and inclusive implementation of the BELA Act, aimed at strengthening the governance, equity and quality of education for the country’s 13.5 million learners.
The gazetted regulations relate to key provisions of the South African Schools Act regarding school capacity and school admissions. These are designed to ensure that the amendments introduced by the BELA Act, which has been law and fully implementable since 24 December 2024, are implemented in a manner that:
- upholds learners’ rights;
- enhances school functionality; and
- maintains the careful balance of powers and functions between School Governing Bodies and government in the proper management and governance of schools.
Further regulations will be released for public comment as soon as they are finalised, legally vetted and approved. This modular release approach has been adopted to avoid the delays that a bulk publication would otherwise have caused.
Minister Gwarube emphasised that the release of these regulations for public comment is an important opportunity for education stakeholders and the broader South African public to actively shape the future of basic education in our country.
“These regulations are instruments that will affect how schools are governed and managed, how children are admitted, and how our values as a society are reflected in our education system. I call on all South Africans, including parents, teachers, school governing bodies, civil society, education experts and community members to participate meaningfully in this public comment process. Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children,” said Minister Gwarube.
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.
The BELA Act commenced on 24 December 2024 and has been applicable law since that date. These regulations are a key step towards ensuring its effective implementation in line with the Constitution and the broader vision of equitable and quality education for all.
The draft regulations are available on the Department of Basic Education’s website and in the Government Gazette No. 53119 and 53120 of 6 August 2025. Members of the public have 30 days from the date of publication (i.e. until 5 September 2025) to submit their written comments.
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