Latest news with #Bela)Act
Daily Maverick
3 days ago
- Politics
- Daily Maverick
Treasury's decision not to allocate extra funding imperils compulsory Grade R roll-out
While the Bela Act makes Grade R attendance compulsory, the National Treasury's refusal to allocate additional funding leaves provinces struggling to deliver on the promise of universal early childhood education. The National Treasury has turned down the Department of Basic Education's request for additional funds to implement compulsory Grade R schooling. Basic Education Minister Siviwe Gwarube confirmed the Treasury's stance during her 2025/26 budget vote speech in Parliament, acknowledging that although the Department of Basic Education's budget rose by more than 8% to over R35-billion, it fell short of meeting the cost required for universal access to Grade R schooling. Gwarube did not mince words about the consequences: provinces must absorb the significant costs from within already stretched budgets. The enactment of the Basic Education Laws Amendment (Bela) Act in December 2024 marked a watershed moment, officially making Grade R attendance compulsory for all children in SA. The law was 'the culmination of over three decades of careful policy development, expert recommendations and legislative process', said Equal Education Law Centre legal researchers Daniel Peter Al-Naddaf and Katherine Sutherland. 'This year marks 24 years since Minister Kader Asmal launched Education White Paper 5 on Early Childhood Development, which recorded Grade R as the first year of formal education. This recommendation originated from the South African Preschool Study Team in August 1994 — almost 31 years ago,' they said. 'It took six years to reach a White Paper and another 23 years to become law through the Bela Act in September 2024. Compulsory Grade R was not a rushed policy decision. 'Yet, after 30 years of planning, implementation is failing due to lack of funding. The irony is that the very government that spent three decades developing this right now renders it meaningless through budgetary neglect.' Al-Naddaf and Sutherland noted that basic education is a constitutionally protected right that must be fulfilled immediately. By including Grade R in this definition, the law established not only a duty for parents to send their children to school, but also an immediate right for children to receive this education, regardless of when it might be convenient for the government. Taking from Peter to pay Paul During her address, Gwarube said the Department of Basic Education was unable to secure additional funding from the National Treasury for the undertaking, meaning that provinces must fund it from their allocated budgets. 'Our goal is clear: every child must enter Grade R ready to learn in all respects. We urgently need additional funding for compulsory Grade R, as required by the Bela Act,' she said. Al-Naddaf and Sutherland observed that, although there was a real increase this year in the consolidated Basic Education budget when measured by the Consumer Price Index (CPI), per learner spending declined when calculated using a sector-specific inflation rate, the Basic Education Price Index (Bepi). The Bepi provides a more accurate reflection of true spending power in the sector, as it captures factors like rising teacher salaries — the main cost driver — better than CPI adjustments alone. 'When factoring in this education-specific inflation measure, alongside projected learner enrolment growth and the formalisation of compulsory Grade R, it becomes evident that per-learner spending in real terms will decline to its lowest level since at least the 2013/14 financial year,' said Al-Naddaf and Sutherland. When asked how ready provinces were to fund and implement compulsory Grade R from their current budgets, Al-Naddaf and Sutherland said that, for many years, provinces had been expected to do more with fewer resources. This ongoing strain has left provinces, particularly those already facing funding challenges, in a vulnerable position as they try to fulfil the new mandate. The department has estimated that implementing universal Grade R will cost R17-billion. 'After a decade of chronic underfunding and budget cuts, it is unreasonable for the Treasury to expect provinces to somehow absorb a R17-billion obligation within budgets already cut to the bone, especially when provinces derive around 97% of their income from the national government,' said Al-Naddaf and Sutherland. 'It is estimated that the education system will need to incorporate an additional 200,000 Grade R learners to realise universal Grade R, and costs that provinces must bear to achieve this include additional Grade R classrooms; the upskilling of underqualified Grade R practitioners; furniture; playground equipment; learner packs; per learner funding for school budgets; and Grade R educator salaries.' They noted that several provincial education departments were at risk of becoming insolvent this financial year, attributing this to years of chronic underfunding and mounting obligations imposed without matching resources. Under-resourced schools The Gauteng Department of Education is wrestling with a R31.1-billion infrastructure backlog, forcing learners into crumbling buildings or overcrowded classrooms. This gargantuan backlog does not include the 2,000 new classrooms required for the compulsory roll-out of Grade R. In the Northern Cape, education officials say it will take at least five years to address the current shortfall of 252 classrooms. Meanwhile, Limpopo appears, on paper, to have nearly universal Grade R access, with only nine schools lacking Grade R. 'However, if one looks at the number of enrolled Grade R learners in the province (128,721) and the total number of Grade R educators and practitioners (2,151), this would amount to an average teacher-to-educator ratio of 60 learners to one teacher,' said Al-Naddaf and Sutherland. 'Having Grade R available on paper is fundamentally different from meaningful implementation — true access requires quality education with adequate resources, and it is clear that quality education cannot be achieved under these severely under-resourced conditions.' Al-Naddaf and Sutherland noted that many provinces had reported having to make trade-offs and redirecting funds from other vital programmes to fund universal Grade R. The effects ripple across the education system: Scholar transport budgets are slashed, making it harder for children in rural or remote areas to get to school. The National School Nutrition Programme, meant to guarantee a basic meal to every child, now stretches thin resources to feed growing numbers of Grade R learners, risking a decline in the quality or quantity of food available. Legislation versus purse strings Gwarube acknowledged these difficult choices, reflecting in Parliament: 'We operate under extremely difficult fiscal conditions which require innovation, creativity and firm financial discipline in all our provinces. 'This is a clarion call to all our stakeholders in the sector and PEDs [provincial education departments] to tighten belts, accelerate delivery and guard against falling foul of their constitutional responsibilities of delivering quality education to all.' Despite the funding setback, Gwarube outlined the department's plans to maximise its allocated resources. Early childhood development (ECD) is a particular focus, with the ECD conditional grant rising to R1.7-billion. Of this, R230-million is earmarked for a nutrition pilot programme targeted at the youngest learners, while R162-million will be invested in infrastructure for ECD programmes. Gwarube also highlighted several targeted allocations designed to address specific educational challenges. More than R4.6-billion has been allocated to curriculum policy support and monitoring, and R1.2-billion will go towards the school workbook programme, ensuring that learners from Grade R to Grade 9 receive the necessary learning materials. The minister announced that R57-million had been earmarked to advance mother-tongue-based bilingual education. However, these pockets of targeted funding can't offset the overall resources required to give every child quality access to Grade R schooling, as the implementation of the Bela Act rests uneasily on fragile fiscal ground. Al-Naddaf and Sutherland raised a constitutional warning: 'Treasury's refusal suggests that it believes it has the power to block the implementation of legislation by declining to fund it, even when this contravenes the rights of children.' This, they argue, undermines the law and the 'immediately realisable' right to basic education enshrined in the Constitution. 'We are most concerned about the hundreds of thousands of children who will be affected. It is vital that we consider what it means for democracy and the rule of law when the Treasury is effectively able to veto a law by refusing to fund it. It may be education today, but what guarantee does anyone have that their rights will have the funding to mean something?' Daily Maverick sent questions to the National Treasury, the Department of Basic Education and Gwarube's spokesperson. No responses had been received by the time of publication. DM
TimesLIVE
09-07-2025
- Politics
- TimesLIVE
Parliament warns against stalling Bela Act implementation
The portfolio committee on basic education has raised alarm over delays in finalising key regulations of the Basic Education Laws Amendment (Bela) Act, warning it will not allow deliberate delays. Committee chairperson Joy Maimela said most members believe there are attempts to prevent the full implementation of the act by dragging out the process of drafting regulations, specially those dealing with the contentious sections on language and admission. 'Most members of the committee are of the view that deliberate attempts are being made to hold up the full implementation of the act by delaying the drafting of regulations, specially those that speak to the two contentious sections. The regulations should provide the necessary clarity to implementers of the act,' she said. The committee was briefed by the department of basic education and provincial departments on Tuesday regarding the implementation of the act and status of regulations for sections 4 and 5. The Bela Act was signed into law by President Cyril Ramaphosa in September 2024. After the act was passed, parties were given time to make proposals on how to resolve disagreements about the language and admission policies in the two sections. No consensus was reached, and the act was enacted on the understanding detailed regulations would follow. Maimela reminded basic education minister Siviwe Gwarube that the deadline for the regulations was the end of June.
IOL News
09-07-2025
- Politics
- IOL News
Gwarube announces upcoming publication of Bela regulations for public comment
Basic Education Minister Siviwe Gwarube says the first two regulations of the Basic Education Laws Amendment Act will be published in the coming weeks for public comment. Image: GCIS Basic Education Minister Siviwe Gwarube said the first two regulations for the Basic Education Laws Amendment (Bela) Act will be published in the coming weeks. Presenting the department budget for 2025/26 in the National Council of Provinces (NCOP) on Tuesday afternoon, Gwarube said her department has actively supported the education sector to implement the Bela Act, which came into effect on December 24. She said there has also been development of interim guidelines and draft regulations for further support and implementation. 'The first two regulations, which focused on admissions and capacity, will be published in the coming weeks for public comment. Further regulations will follow,' she said. 'This reflects our commitment to a legal and policy framework, which is responsive and fit for purpose. These broader efforts signal a broader shift to a more responsible, accountable leadership and a system that is grounded in purpose and growth.' 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 minister presented the budget after she and the provincial departments briefed the Basic Education Portfolio on the Bela Act regulations and implementation as they related to Grade R admissions. Gwarube, who previously promised the regulations would be published by the end of June, reportedly told the portfolio committee that 10 task teams were established to handle each regulation, and two regulations, now with the State Law Advisor, were nearly finalised. Committee chairperson Joy Maimela said in a statement that they had not been furnished with any guidelines or regulations. 'During our engagements with the provincial departments of education, it became apparent that the guidelines differ from the South African Schools Act. Some provincial departments are also confused about whether they received guidelines or regulations. This is the confusion we were concerned about from the start. If the provincial departments of education are confused, what about the general public and other stakeholders,' Maimale said. She said the committee has requested Gwarube to provide a comprehensive report within four working days on the process that led to the drafting of the guidelines. 'The committee is of the view that the time spent for draft guidelines could have been utilised rather for drafting regulations. We need the detail of what led to the guidelines as we must discuss if we need to write to the Office of the President and explain the confusion created in the sector,' said Maimela. Presenting the budget at the NCOP, Gwarube said the department's budget was R35 billion. She said the early childhood development grant has increased from R1.7 billion, with over R230 million allocated to early childhood development nutrition. A total of R162m has been set aside for early childhood development infrastructure. 'Our goal is that every child must enter Grade 1 ready to learn cognitively, be ready emotionally and physically ready.' Gwarube said improving foundational learning was at the heart of their strategy to ensure more learners progressed through the system, exited with quality results, and were better placed to study further, start sustainable businesses, or enter the job market. 'Our strategy places strong emphasis on string quality of early childhood and strengthening foundational literacy and numeracy.' She said they have set themselves to register 10,000 early childhood development centres in the current financial year. Gwarube also said they have developed learning and teaching support material to assist early childhood practitioners in effectively implementing their strategy. 'We are also developing human resources development strategy just for early childhood development to guide professionalism of the sector. ' She added that the Funza Lushaka Bursary Scheme has been aligned to prioritise the foundation phase teaching.
Daily Maverick
21-06-2025
- Politics
- Daily Maverick
Confusion or clarity? Mixed reactions to Gwarube's Bela implementation guidelines
Basic Education Minister Siviwe Gwarube's newly released implementation guidelines on school language and admissions policies under the Basic Education Laws Amendment (Bela) Act has sparked a wave of mixed responses. While some have cautiously welcomed the move as a tactical step forward, others warn that without formal legal status, the guidelines may create more confusion than clarity within the education sector. Basic Education Minister Siviwe Gwarube's newly released guidelines for implementing the Basic Education Laws Amendment (Bela) Act aim to assist provincial education departments in navigating two of the act's most contentious issues: school admissions and language policies. The guidelines also address the new legal mandate that extends compulsory education by an additional year to incorporate Grade R, as well as introduce measures for the increased regulation of home schooling. Approved by the Council of Education Ministers, the guidelines have nonetheless met with a mixed response. According to the new guidelines sections 4 and 5 of the act will undergo thorough public consultation before any government directives can be issued. The guidelines state that a school's language policy must prioritise the best interests of learners, while also taking into account available resources, classroom capacity, and what is offered at surrounding schools. Structured process The government will not be able to impose decisions unilaterally — instead, a structured process must be followed before any changes are made to a school's language or admission policies. School governing bodies, parents, relevant associations, and the broader community in which the school operates will all play a role in these decisions. Under the regulations, before a provincial education head can direct a school to adopt more than one language of instruction, they must first ensure that all public participation requirements outlined in the South African Schools Act are met. These include issuing public notice and allowing for a comment period, during which the school, its governing body, parents, and the community can make informed submissions on the proposed change. A public hearing must also be held with reasonable notice, and stakeholders must be given at least 30 days to submit their input. On admissions, the guidelines advise that if a provincial department wishes to force a school to change policy, the department must allow the school governing body an opportunity to dispute and discuss the change. Education expert Mary Metcalfe has welcomed the guidelines, stating that they align with both the act itself and existing national and provincial norms and standards for admissions and language policy. Metcalfe stated that the Bela Bill already made provision for meaningful public participation from school communities and governing bodies, indicating confidence in the law's inclusivity on this front. On the issue of language policy, she said the guidelines were fully consistent with the Bela Bill and should help enable smoother implementation, particularly as provinces began preparations for the 2026 academic year. 'The planning for the 2026 school year will need to ensure that all provinces provide for the admission of all children who turn six in 2026 — Grade R in all schools for all eligible children,' she said. Concerns raised However, other stakeholders have raised significant concerns about the guidelines' practical impact and legal status. Equal Education Law Centre attorney Ebrahiem Daniels and senior researcher Katherine Sutherland said that, in their preliminary view, the guidelines were non-binding — as they themselves acknowledge — and carry little to no legal weight for provincial education departments. They added that the Department of Basic Education had the authority to issue such guidelines, and did so routinely, from exam protocols to hygiene practices in schools. 'These particular guidelines, in our opinion, add little practical value. They largely restate what is already in Bela in more complicated and convoluted language,' they said. Daniels and Sutherland noted that although the Department of Basic Education acknowledged giving 'key stakeholders' only a short window to review the draft guidelines, citing urgency, it remained unclear how those stakeholders were chosen — and no broad public call for comment was made. 'Civil society organisations currently working in education were not consulted and were not alerted, including ourselves and our social movement partner Equal Education. On top of that, we are aware from consultations with others that they were not either,' they said. From their Equal Education Law Centre understanding, the consultation primarily involved representatives from organisations historically opposed to the language and admissions provisions in the Bela Bill. 'Government sources indicate these same groups were involved in drafting the soon to be released draft norms on school capacity. Many of these stakeholders have, in the past, prioritised maintaining small class sizes in well-resourced public schools over broader equity considerations, even when other schools face overcrowding. 'Our concern is that this recent pattern of favouring stakeholders with clear vested interests may influence the upcoming binding regulations on school capacity, which are far more important than non-binding guidelines,' they said. When asked about the potential for the uneven application of the guidelines across provinces or districts, Daniels and Sutherland said the risk was high, given the significant disparities in administrative capacity, financial resources, and political leadership across provinces. They noted that some provinces may interpret the guidelines in line with political priorities, while others may treat them more strictly or disregard them altogether. They also pointed out that differing apartheid legacies could lead to provinces approaching language and admissions policies in fundamentally different ways. Daniels and Sutherland noted that the guidelines came at a time when schools and education departments urgently needed clarity. However, instead of offering clear, practical direction, the guidelines tended to echo Bela's language while introducing new layers of procedural complexity not found in the legislation. 'The length and complexity issue is particularly problematic. A school principal seeking clarity on admission procedures must now navigate pages of detailed factors, cross-references, and procedural requirements that could have been streamlined into clear decision-making frameworks. The guidelines; convoluted approach may actually hinder rather than help implementation,' they said. 'The irony is that in a purported attempt to provide guidance on the interpretation and implementation of Bela, the minister has created a document that may require its own interpretation.' Sadtu labels guidelines unlawful The South African Democratic Teachers' Union (Sadtu) has condemned Gwarube for releasing what it calls 'purported guidelines', describing the move as arrogant and unlawful. In a media statement, Sadtu said the minister lacked the legal authority to issue such guidelines, pointing out that, under the Constitution, only regulations — not guidelines — could be made in terms of Bela. 'We are yet to understand what legal basis and authority these purported guidelines derive from,' the union said, noting that Gwarube herself admitted the guidelines had no binding or lawful effect. The union also accused the minister of deliberately creating confusion and advancing a political agenda aligned with her party, the Democratic Alliance (DA). Sadtu emphasised that it had fully participated in the lawful development of the Bela regulations, which were concluded at the end of March 2025. However, it said it had seen no progress on the formal release of those regulations since then. The union has urged MECs and education department heads not to distribute the guidelines to schools. It has also called on all school governing bodies and its union members serving on them to disregard the minister's document. The National Professional Teachers' Organisation of South Africa (Naptosa) voiced concerns over the limited consultation period and the non-binding nature of the guidelines. While acknowledging the value of stakeholder input, spokesperson Basil Manuel warned that the short review window and lack of legal force risked uneven implementation across provinces — particularly on key issues like compulsory Grade R, language policies, admissions, and school governing bodies' roles. Manuel also flagged concerns about the recommendation that Early Childhood Development (ECD) centres provide Grade R and register as independent schools. He noted that many under-resourced centres may struggle to comply without significant provincial support, infrastructure investment, and capacity building. Manuel also reaffirmed Naptosa's commitment to advocating for fair, legally sound policies that guaranteed quality public education for all learners. DM
IOL News
18-06-2025
- Politics
- IOL News
MPs pile pressure of basic education minister to publish Bela regulations
Basic Education minister Siviwe Gwarube. Image: GCIS BASIC Education Minister Siviwe Gwarube says her department is on track to publish the regulations relating to the Basic Education Laws Amendment (Bela) Act before the June deadline. Responding to questions in the Basic Education Portfolio Committee, Gwarube said she had on numerous occasions informed the committee and Parliament that the Bela Act was already enacted into law. 'The last time, in Parliament, I indicated that when the Act is signed into law, it comes into effect. There is no delay,' she said. EFF MP Mandla Shikwambana had said South Africans were confused about what was happening with the Bela Act and regulations. 'You are deliberately playing a political game and using delay tactics. No matter how smart you are to give us answers, the fact of the matter is that there is a serious deliberate delay in dealing with the regulations,' Shikwambana said. He wanted to know when the clauses in the Bela Act that deal with language and admissions will be fully implemented. 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 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. Next Stay Close ✕ 'We need those regulations. They must come and be published. If you have got them or published them elsewhere, can you furnish us with those regulations?' Shikwambana said. ANC MP Tshepo Louw wanted to know about the delays in the proclamation of the Bela Act's clauses on admission and language. Louw asked about the advice the State Law Advisor gave the department on the outstanding regulations and the status of the regulations. In her response, Gwarube said the two clauses of the Bela Act came into operation when the new law was signed by President Cyril Ramaphosa in December 2024. 'Those sections came into law last year already. There is no delay in implementing the Act itself or specific amendments. They are in the entirety of the law and remain law as we speak,' she said. Gwarube stated that the drafting of regulations was not a straightforward process. Last year, the department made a commitment that there would be guidelines while regulations were being drafted and then published for public comment in June 2025. 'The date, as we stand here, is June 17. We are about two weeks away from the end of June,' she said. 'I really do battle to understand the assertion and even the accusation that somehow there is a delay in the implementation of the Act and production of the regulations. We made a commitment last year that by the end of June, the regulations would be out and published for the public. We are not at the end of June.' Gwarube also said the drafting of the regulations was an intricate process. 'It is not done by the minister. It is done by the legal team within the department in conjunction with the Office of the Chief State Law Advisor. That is the legal process we must allow to take its course. The regulations don't delay the implementation of the Act. Committee Chairperson Joy Maimela said they wanted to see the Bela Act in action as schools have started with the application process for next year's admissions
