New law regarding maximum SIZE of school classroom's gazetted
The two regulatory proposals focus on classroom capacity and school admission policies, both of which have been flashpoints in public discourse around the BELA Act.
According to the department, the new regulations are part of a modular release strategy aimed at rolling out changes in stages to prevent delays.
Minister of Basic Education Siviwe Gwarube called the publication of these regulations a 'significant milestone', saying they will strengthen school governance and improve equality and inclusion for the country's 13.5 million learners.
'These reforms are not about taking away power from school communities – they are about protecting the rights of every child and ensuring fair, functional education systems,' said Gwarube.
One of the most notable proposed changes involves setting classroom size limits: A maximum of 40 learners per class for Grades 1-12
for Grades 1-12 A maximum of 30 learners per class for Grade R
These provisions aim to address overcrowding in public schools – a long-standing issue that affects teaching quality and learner performance.
The second and more controversial set of regulations pertains to school admissions – particularly, who has the final authority in deciding whether a learner is accepted.
Under the draft regulations: School Governing Bodies (SGBs) remain responsible for drafting and amending admission policies .
remain responsible for . However, the final authority on learner admissions now rests with the provincial Head of Department (HOD).
The regulations require that HODs consult with SGBs before making such decisions and provide: Written notice of intent to exercise this authority
The reasons behind their decision
A 'reasonable opportunity' for the SGB to respond
The HOD's decisions must consider the best interests of the learner, school capacity, and the needs of the wider community.
The regulations also place new obligations on SGBs to ensure that their admission policies: Are rational, fair , and transparent
, and Reflect the demographics and education needs of the surrounding community
of the surrounding community Consider language preferences
Promote equitable access and remove barriers to participation
Language policy, another controversial feature of the BELA Act, will be covered in future regulation releases, the department said.
Minister Gwarube emphasised the importance of public engagement in the regulatory process, calling on parents, educators, civil society, and community leaders to submit their views.
'Your voice matters. Let it be heard in shaping the policies and regulations that govern the education of your children,' Gwarube said.
The department will launch a national public awareness campaign to ensure the draft regulations are clearly explained and that the public is equipped to submit informed feedback.
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'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.
