Latest news with #BELAAct
IOL News
6 days ago
- Politics
- IOL News
BELA battle far from over, Sadtu warns
Basic Education Minister Siviwe Gwarube has been accused of using the gazetting of the Basic Education Laws Amendment (BELA) Act regulations to sow confusion, delay the implementation of the Act and advance the DA's political agenda. Image: GCIS THE South African Democratic Teachers' Union (SADTU) has accused Basic Education Minister Siviwe Gwarube of using the gazetting of the Basic Education Laws Amendment (BELA) Act regulations to sow confusion, delay the implementation of the Act and advance the DA's political agenda. Gwarube recently gazetted the first two sets of regulations under the Basic Education Laws Amendment Act, 2024 (BELA Act) for public comment, saying 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. Further regulations would be released for public comment as soon as they were finalised, vetted, and approved, she said. However, the move has been met with mixed reactions, with the Portfolio Committee on Basic Education among the first to raise concerns that Gwarube may be undermining the intent of the Act through a fragmented rollout of draft regulations and the use of terminology that appears to deviate from the language and purpose of the Act. 'The regulations on admissions, for example, refer to taking into account the demographics and education needs of the 'surrounding community'. In the Bela Act the responsibility for admission policy lies with the head of department (HOD) and is based on the 'broader Education Districts'. This potentially reinforces local demographic homogeneity, contrary to the type of inclusivity the Act intended,' said Maimela. While the BELA Act refers to the broader community in the education district in which the public school is situated, the gazetted regulations instead use the term 'feeder zones' to manage learner numbers and coordinate parental preferences. 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. 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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. Next Stay Close ✕ The introduction of 'feeder zones' in the regulations deviates from the BELA Act, which references 'education districts', said Maimela. 'This, points to keeping previously disadvantaged learners out via location. Historically it has been linked to exclusion. It seems these regulations are attempting to re-write the Bela Act and re-introduce matters that were unsuccessfully contested in the Bela Act legislative drafting process,' Maimela added. Sadtu said they were still studying the regulations and intended to make their submissions on or before the deadline. 'In June this year, the Minister released guidelines for the implementation of the BELA Act, a move that SADTU strongly rejected as the Act does not empower the Minister to issue implementation guidelines. The Minister is only allowed to make regulations. SADTU viewed the issuing of guidelines as an attempt to sow confusion, delay the implementation of the Act and advance the DA's political agenda against the full implementation of Sections 4 and 5. SADTU will exercise extreme vigilance to ensure that the regulations align strictly with the letter and spirit of the BELA Act,' the union said. GOOD Party secretary-general Brett Herron said Gwarube cannot use the regulations to introduce concepts that undermine or "limit the rights created by Parliament through legislation". Herron added that school language policies remain among the most contested and politically weaponised tools used to preserve historical privilege. 'Regulations must not be allowed to reinforce this. BELA 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,' said Herron. Parents for Equal Education South Africa (PEESA) said the organisation had mixed feelings, while they did not seek to strip School Governing Bodies (SGBs) of their power entirely, they believed that reform was necessary to enforce accountability where it had long been lacking. 'The Western Cape was the only province that took real issue with the Bella Bill, they call it centralisation of power, (but it's) because they didn't want to be held accountable for the exclusion, discrimination that they have embraced for far too long. The Bella Bill forces them to account, now we will address real issues such as inequalities, they can't hide behind an SGB anymore. Because for far too long former model C schools have gotten away with the violation of the rights to basic education for all learners,' said PEESA founder Vanessa Le Roux. While Gwarube's office did not respond to requests for comment by deadline, 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. Comments on the draft regulations must be made by September 30 via AdmissionRegz@ Cape Times
Eyewitness News
11-08-2025
- Politics
- Eyewitness News
Gwarube appeals to politicians not to use BELA Act as political football
CAPE TOWN - Basic Education Minister Siviwe Gwarube has appealed to politicians not to use the contentious Basic Education Laws Amendment (BELA) Act as a political football. This after the chairperson of Parliament's portfolio committee, Joy Maimela, said the committee was unhappy that only two draft regulations from the act were gazetted by Gwarube last week. Maimela claims the regulations contradict Parliament's intention to transform the education sector. The new act makes Grade R compulsory and regulates the admission and language policies of schools. READ: Parly Committee concerned regulations undermine BELA Act's intention But Maimela said Gwarube was expected to gazette all the regulations under the act in one go and not in a piecemeal fashion. 'While we understand the intent may be to avoid technical delays, this fragmented rollout undermines the coherence, urgency and integrity of the BELA implementation process. South Africa's children cannot afford to wait for bureaucratic caution or political compromise,' said Maimela. READ: Gwarube publishes first 2 BELA regulations for public comment Maimela said it also appears the regulations on school admissions are contrary to the act's intentions and will once again exclude disadvantaged learners based on location. Gwarube said the regulations were carefully considered and drafted by a group of experts. "There are still leaders in the country who are hellbent on politicising this piece of legislation - a piece of legislation that's going to help us bring coherence in the school system and our education system." Maimela said Gwarube can expect robust engagement with the committee on these regulations.
The Star
08-08-2025
- 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
08-08-2025
- Politics
- IOL News
Political parties and teacher unions react to new BELA Act regulations
Basic Education Minister, Siviwe Gwarube, says 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. Image: Supplied 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. 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. 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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. Next Stay Close ✕ 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.
IOL News
08-08-2025
- 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
