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New BELA regulations affirm right to education for undocumented children
New BELA regulations affirm right to education for undocumented children

IOL News

time4 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

New law regarding maximum SIZE of school classroom's gazetted
New law regarding maximum SIZE of school classroom's gazetted

The South African

time4 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.

'Your voice matters': Bela Act public comment participation commences
'Your voice matters': Bela Act public comment participation commences

The Herald

time5 days ago

  • Politics
  • The Herald

'Your voice matters': Bela Act public comment participation commences

Basic education minister Siviwe Gwarube has gazetted two sets of draft regulations under the Basic Education Laws Amendment (Bela) Act for public comment. The regulations on school admissions and school capacity were published in Government Gazette Nos 53119 and 53120 on August 6, marking a major step in implementing the act, which came into effect on December 24. '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,' said Gwarube. 'I call on South Africans, including parents, teachers, school governing bodies, civil society, education experts, and community members to participate in this public comment process. Your voice matters.' The draft admission of pupils to public schools regulations aim to ensure fair, inclusive and transparent admission processes in all provinces. According to the gazette, these regulations apply uniformly to all departments and all state schools.

Mdantsane school bullies set to face consequences after alleged assault goes viral
Mdantsane school bullies set to face consequences after alleged assault goes viral

The Herald

time04-08-2025

  • The Herald

Mdantsane school bullies set to face consequences after alleged assault goes viral

National and provincial government have condemned the alleged bullying of a schoolgirl by a group of about five boys in the Eastern Cape. A team of officials are set to visit the school near Mdantsane on Monday to investigate the alleged incident, which went viral on social media platforms at the weekend. The video shows the girl being humiliated by boys from her school on a scholar transport bus and being repeatedly slapped on the head by at least two boys after she disembarked. "The video is unacceptable and unimaginable. This unbecoming behaviour is projecting a deep societal problem that needs every parent to take responsibility for raising their children," the Eastern Cape education department said. "The department is obligated to treat the matter with a high level of responsibility and care. "All the involved pupils need to be corrected so they can be better citizens," the department said, adding the victim would be offered psycho-social support. Mmapaseka Steve Letsike, deputy minister responsible for women, youth and persons with disabilities, said: " This appalling incident is a stark reminder of the pervasive gender-based violence (GBV) plaguing our communities and schools. "No child deserves to endure such brutality, and it is our collective responsibility to ensure our schools are safe havens for learning and growth." He urged the department of basic education to take swift and decisive action to investigate, take disciplinary measures against the culprits and immediately enforce anti-bullying laws as part of the code of conduct for all pupils. Letsike called on the department to implement comprehensive programmes to prevent bullying and acts of GBV in schools. "The incident should intensify a call to all stakeholders to take immediate action to protect our children and create safe and respectful school environments. "We must all stay vigilant, look for warning signs and try to address problems promptly." TimesLIVE

New Safe Schools Protocol aims to combat violence in classrooms
New Safe Schools Protocol aims to combat violence in classrooms

IOL News

time25-06-2025

  • IOL News

New Safe Schools Protocol aims to combat violence in classrooms

During a media briefing Basic Education Minister , Siviwe Gwarube, and Police Minister Senzo Mcunu said rude and violent learners will no longer be tolerated in classrooms. Image: Genevieve Serra/Independent Newspapers Going back to basics to where rude or violent learners inside the classroom will not be tolerated, and protecting teachers and vetting them against the sexual predators list. There are the strategies put forward, following the joint launch of the Collaborative Implementation Protocol on School Safety by the Minister of Basic Education, Siviwe Gwarube, together with Minister of Police Police, Senzo Mchunu, on Tuesday. The Safe Schools Protocol aims to tackle the alarming rates of violence, crime, and insecurity prevalent in schools. SAPS data for the 2023/24 financial year highlighted 28 murders within basic education institutions, with nearly half occurring in KwaZulu-Natal and 46% involving learner-on-learner violence. Additionally, two-thirds of reported rapes in schools involved learner-on-learner violence, while over 11 000 burglaries were recorded. The protocol is set to emphasise shared responsibility, integrating stakeholders such as civil society organisations, parents, school governing bodies, and learners into the safety ecosystem. Mchunu said they identified 283 schools nationally that were located in hotspots and that visible policing would be beefed-up in those communities. He said SAPS would also build a relationship with the school body. Gwarube outlined five key commitments to the safer schools strategy, which aimed at strengthening safety for both learners and teachers. She said each school would be connected with its local police station and be supported by a School Safety Committee which will be comprised of the principal, School Governing Body and a police officer. A crime prevention programme is expected to be rolled-out to focus on gender based violence and to cyber bullying, among others. Police will also be deployed at hotspot schools, while the process of vetting will be improved and the National Sexual Offenders Registry made available. Gwarube said principals would be educated on what to do next when there was an incident of violence or whether a teacher was found to be on the wrong side of the law. The media raised the question that teachers were becoming victims of learners and they were even being extorted.

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