New School Laws Fully Implemented – What This Means for Schools

29 Jan

In December 2024, President Cyril Ramaphosa signed the full Basic Education Laws Amendment (BELA) Act into law, including the two controversial clauses on language and admission policies that were previously delayed. The law is now in full effect after a three-month review period within the Government of National Unity (GNU).

What Changes Were Brought In?

Initially, the implementation of the highly debated Sections 4 and 5 of the Act was put on hold due to concerns that these changes would limit school governing bodies’ (SGB) power over key policies. Opponents argued that this centralises decision-making within the Department of Basic Education (the Department), reducing community and parental influence over schools.

Despite these objections, the Act has been implemented without amendments, with the DA now supporting the process, as long as clear regulations and public consultation guide the implementation.

What This Means for Schools and Parents

The BELA Act introduced major changes affecting schools' operations, particularly in admissions, language policy, and governance. Below we highlight some of the relevant aspects that impact schools.

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The Government Has More Say Over School Admissions
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Previously, SGBs had the power to set admission policies for schools. Now, the Department of Basic Education (DBE) will have the final decision on school admissions. This means that provincial education heads can override school governing bodies (SGBs) if they believe an admission policy is unfair or restrictive.
This may impact how schools select students, especially in high-demand areas.
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Language Policies Must Be Approved by Government
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Schools must submit their language policies to the provincial education department for approval. While schools can still choose their primary teaching language, the government can intervene if it believes a policy excludes certain students or is not in accordance with national education goals.
This can have a major impact on mother-tongue education, particularly in schools that offer instruction in Afrikaans or indigenous languages.
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Grade R Is Now Compulsory
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All children must start school in Grade R, making Grade R part of formal schooling.
Schools must adjust their infrastructure and resources to accommodate more learners at this early stage.
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Stronger Oversight of SGBs
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BELA gives the Department more authority to monitor and intervene in SGB's decisions.
This aims to ensure that SGBs do not unfairly exclude learners or use policies limiting access to education.
However, it also raises concerns about how much autonomy schools will retain over key governance issues.
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Stricter Penalties for Keeping Kids Out of School
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Parents or guardians who prevent a child from attending school without valid reasons could face jail time of six to twelve months.

Who Will Oversee These Changes?

The responsibility for implementing the Act now lies with Education Minister Siviwe Gwarube (DA). She has committed to:

Developing national regulations, policies, and standards to govern how the Act is applied.
Holding a public consultation process before finalising the regulations.
Ensuring that implementation is done in the best interest of learners.

What’s Next for Schools?

All schools, governing bodies, and officials must now comply with the new law. While the details of how language and admission policies will be applied are still being developed, the law is already in effect. Schools should prepare for greater oversight from the government and possible adjustments to their policies.

The debate around the BELA Act has been heated, but with its full implementation, schools will need to adapt to these changes while awaiting further guidance from the education department.

Schools should follow the policies and guides issued by DBE and the relevant Provincial Department of Education.

The District Offices contact details per province are listed on the DBE website.

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