Latest news with #BELA
Eyewitness News
an hour ago
- Politics
- Eyewitness News
Parly Committee concerned regulations undermine BELA Act's intention
CAPE TOWN - Basic Education Minister Siviwe Gwarube can again expect to lock horns with Parliament's portfolio committee over the Basic Education Laws Amendment (BELA) Act when the new parliamentary term resumes next month. Committee chairperson Joy Maimela has slammed Gwarube for only publishing regulations pertaining to two sections of the act and says these appear to contradict the intention of transforming the sector. Maimele has accused Gwarube of attempting to rewrite the act through the regulations that were published for public comment last Thursday. But Gwarube said the regulations were informed by the work of experts, and went through a long and detailed process before being presented for legal certification. READ: Gwarube publishes first 2 BELA regulations for public comment "We have obtained a legal opinion from the office of the chief state law advisor that these regulations are legally sound, that they are not a departure from the principle act, and that they are good and ready to be published. It's from that advice that we've published these regulations."
The Star
3 days ago
- Politics
- The Star
Political parties and teacher unions react to new BELA Act regulations
Mayibongwe Maqhina | Published 7 hours ago Political parties and a teacher trade union have welcomed the two sets of regulations for the Basic Education Amendment Bill (BELA) Act being finally published for comment by Basic Education Minister Siviwe Gwarube earlier this week. Gwarube has been under pressure to publish the regulations after the BELA Act came into operation on December 24, 2024, and previously released guidelines while the regulations were being drafted. Gwarube said the two regulations, which deal with language and school capacity, were designed to ensure that the amendments in the BELA Act were implemented in a manner that upheld learners' rights, enhanced school functionality, and maintained a careful balance of powers and functions between school governing bodies and the government in the management and governance of schools. She indicated that further regulations would be released for public comment as soon as they were finalised, vetted, and approved. '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,' Gwarube said. Sadtu on Friday noted the publishing of the two sets of draft regulations in the government gazette. The union said it will exercise extreme vigilance to ensure that the regulations align strictly with the letter and spirit of the BELA Act. '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. He also said the BELA Act was meant to reform outdated admissions and language policy frameworks and dismantle the spatial, linguistic, and racial barriers that persist in South Africa's public education system. 'However, the wording of the regulations does not reflect that intention. Instead, the minister has selectively chosen language that risks entrenching exclusion,' Herron added. [email protected]
IOL News
3 days ago
- Politics
- IOL News
New BELA regulations affirm right to education for undocumented children
Newly published regulations of the Basic Education Laws Amendment Act (Bela) have affirmed that undocumented children in the country have a right to education. Image: File Newly published regulations of the Basic Education Laws Amendment Act (BELA) have affirmed that undocumented children in the country have a right to education. Minister of Basic Education, Siviwe Gwarube, published the regulations this week for public comment. The BELA Act aims to improve the governance of schools in South Africa. The gazetted regulations clarify key provisions of the South African Schools Act regarding school capacity and admissions. The issue of providing services to undocumented foreign nationals has been in the news lately after groups in Durban and Johannesburg were barring foreign nationals from accessing hospitals. The KZN Department of Education recently revealed that it has close to 150,000 undocumented learners in its schools. MEC Sipho Hlomuka stated that the prevalence of undocumented learners in schools is one of the most challenging problems affecting the efficiency of their educational system. The latest 2025 Snap Survey indicates that approximately 149,000 undocumented learners are attending their schools. In a statement, Basic Education officials noted that the regulations are designed to ensure that the amendments introduced by the BELA Act, which has been law and fully implementable since December 2023, 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 the government in the proper management and governance of schools. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The gazette addresses regulations regarding admission to schools and capacity. It states: 'The right to basic education extends to everyone within the boundaries of South Africa, regardless of their nationality and immigration status. Learners without valid documentation are equally entitled to admission to public schools as documented learners, provided that their parents submit, within the time frames contemplated in regulation 13, their admission applications in the ordinary course, together with all the required documents that are available to them or a sworn affidavit explaining why they are unable to provide such documents.' It continues that the principal of a public school must, within seven working days of admission, report to the Head of Department (HOD) or the designated education district official any instance where a learner is admitted without valid documentation. The HOD or a person duly authorised by him or her must hold the parents of such learners accountable for acquiring a birth certificate for the learner while they receive education. The regulations also spell out the power of the HOD regarding learner admission and the review of admission policy. 'The HOD is responsible for coordinating learner admissions in public schools in collaboration with school governing bodies, with the aim of ensuring that all eligible learners are accommodated timeously and effectively in terms of the Act. If the HOD believes that a public school's admission policy does not comply with the Act or these Regulations, the governing body must be requested in writing to review and amend the policy,' it states. 'A learner may not be refused admission on grounds that constitute unfair discrimination, including grounds such as race, ethnic or social origin, nationality, colour, gender, sex, age, disability, sexual orientation, religion, conscience, belief, culture, language, pregnancy, HIV and AIDS status, or any other illness. The Act and these Regulations apply equally to learners who are not citizens of the Republic of South Africa.' In a statement, the department said, '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.' 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,' said Gwarube. The South African Democratic Teachers Union (SADTU) said it was still appraising the regulations. 'We are going to submit our comments on or before September 5 as per the Minister's call.' THE MERCURY
IOL News
4 days ago
- Politics
- IOL News
BELA Act regulations: A step towards inclusive education for all children
Basic Education Minister, Siviwe Gwarube, published the regulations this week for public comment, which clarify key provisions of the South African Schools Act regarding school capacity and admissions. Image: Supplied Newly published regulations of the Basic Education Laws Amendment (BELA) Act have affirmed that undocumented children in the country have a right to education. Basic Education Minister, Siviwe Gwarube, published the regulations this week for public comment, which clarify key provisions of the South African Schools Act regarding school capacity and admissions. Among the issues addressed is the admission of undocumented learners. The regulation state: 'The right to basic education extends to everyone within the boundaries of South Africa, regardless of their nationality and immigration status. Learners without valid documentation are equally entitled to admission to public schools as documented learners, provided that their parents submit, within the time frames contemplated in regulation 13, their admission applications in the ordinary course, together with all the required documents that are available to them or a sworn affidavit explaining why they are unable to provide such documents.' It continues that the principal of a public school must, within seven working days of admission, report to the Head of Department (HOD) or the designated education district official any instance where a learner is admitted without valid documentation. The HOD or a person duly authorised by him or her must hold the parents of such learners accountable for acquiring a birth certificate for the learner while they receive education. 'The HOD is responsible for coordinating learner admissions in public schools in collaboration with school governing bodies, with the aim of ensuring that all eligible learners are accommodated timeously and effectively in terms of the Act. If the HOD believes that a public school's admission policy does not comply with the Act or these Regulations, the governing body must be requested in writing to review and amend the policy,' it states. In a statement, the department said: "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." Gwarube emphasised that the release of the 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 Gwarube. The South African Democratic Teachers Union (SADTU) said: 'We are still appraising the regulations. We are going to submit our comments on or before September 5 as per the Minister's call.' Get your news on the go, click here to join the Cape Argus News WhatsApp channel. Cape Argus
The South African
4 days ago
- Politics
- The South African
New law regarding maximum SIZE of school classroom's gazetted
The Department of Basic Education has officially gazetted two draft sets of regulations for public schools, inviting public comment as part of the implementation of the Basic Education Laws Amendment (BELA) Act, signed into law in December 2024. 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. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
