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BELA Act regulations: A step towards inclusive education for all children
BELA Act regulations: A step towards inclusive education for all children

IOL News

time17 hours 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

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

The South African

timea day 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

SowetanLIVE

timea day ago

  • Politics
  • SowetanLIVE

'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.

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

TimesLIVE

timea day ago

  • Politics
  • TimesLIVE

'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.

MPs meet to address language exclusion in schools, but end up clashing over language use themselves
MPs meet to address language exclusion in schools, but end up clashing over language use themselves

The Citizen

time24-07-2025

  • Politics
  • The Citizen

MPs meet to address language exclusion in schools, but end up clashing over language use themselves

The committee chair reminded MPs that fighting over language use contradicted the work of the committee. Picture for illustration purposes only. Members of Parliament (MPs) at the Good Hope Chamber on 9 March 2023. Picture: Gallo Images/Die Burger/Jaco Marais On Thursday, the portfolio committee on basic education met to address allegations of language exclusion and racial profiling during admission processes in Western Cape schools, among other issues. However, they ended up fighting among themselves due to language use. EFF MP Lencel Komane had just started making his submissions in Sesotho when the newly appointed MK party MP, Siphetho Mkhize, raised a point of order. He said that although he understood it was Komane's right to speak his language, he also wanted the portfolio chair to know he could not understand a word of what Komane was saying. 'I want to put it on record that I cannot understand what he's saying,' said Mkhize. 'Undermining' This did not sit well with EFF MP Mandla Shikwambana, who called out Mkhize for his point of order. 'What point of order? He [Komane] has the right to speak his own language, and he [Mkhize] is undermining. He [Mkhize] can't raise a point of order because he can't understand, but must check if there is an interpretation. This is an official language,' said Shikwambana. ALSO READ: 80% of Grade 3 pupils cannot read for meaning in any language: Ramaphosa notes SA education's grim reality Things descended into chaos just before committee chair Sedukanelo Tshepo David Louw intervened. He said: 'Honourable Mkhize, you were wrong to just enter without raising your hand. We are allowed to speak, and we have an interpreter who is going to assist in terms of translating all languages. You are new to the committee, but we've been dealing with this situation; it's our culture, even parliamentary meetings, we do have interpreters, and when we do not have them, we find a means to explain. 'There is nothing wrong if anyone wants to communicate in their language. We're here dealing with Bela [Basic Education Laws Amendment] and language, we're speaking of indigenous languages that we must include as well, so let's not contradict our stance as the committee, because we want to explore and be exemplary.' 'All languages are equal' However, this did not defuse the situation, as Komane still came in with a few words of advice to Mkhize. 'It's something we need to learn. If you go to China, you must give yourself time to learn what the Chinese do. You must not go to China and hope the Chinese will change the rules of China. It is highly impossible,' said Komane. Shikwambana still did not understand why it was a black MP who was complaining about another black MP using their language while white MPs were quiet. ALSO READ: 'Every SA language should be protected' – Marc Lottering on Afrikaans' 100th anniversary 'What interpretation are we waiting for? Half of Komane's presentation was done in English. I feel very bad when this is done by Africans. He spoke English here, so what is it that this guy did not hear? Even these English people here are quiet; these Africans are the ones saying, 'I did not hear.' What is it that he did not hear because Komane spoke in English? We can't be treated like this by Africans as well. There is no language that is superior to another here. They're all equal,' he said. 'Racial profiling' in schools In the same meeting, MEC for education in the Western Cape, David Maynier, addressed MK party MP Pinky Mngadi's allegations that some schools in the province were racially profiling pupils in their admissions processes. ALSO READ: Gauteng schools face scrutiny over language and admissions policies 'How is the Department of Education addressing allegations of racial profiling in school admissions, and what action has been taken against schools that violate children's constitutional rights through language exclusion?' she asked. She said her party would write a letter calling for his removal 'to end this island they have created and the apartheid they are exercising'. Maynier dismissed the allegations, calling on parents or anyone with evidence of such incidents to come forward so that the department could launch an investigation into the matter. 'We do not tolerate racism in our schools and department. I want to be very clear about that. I would encourage, if any parent or MP has any evidence of a case, to please ensure that you lodge a complaint. If any parent has witnessed any case of discrimination, they should come forward, provide evidence of the allegation so that we can investigate the matter,' said Maynier. READ NEXT: Language or legacy: Afrikaans at a crossroads after 100 years

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