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.
A Modular Approach to Reform
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.
Classroom Capacity Limits Introduced
One of the most notable proposed changes involves setting classroom size limits:
- A maximum of 40 learners per class 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.
Admissions: Who Has the Final Say?
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.
- 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.
Admissions Must Be Fair and Inclusive
The regulations also place new obligations on SGBs to ensure that their admission policies:
- Are rational, fair, and transparent
- Reflect the demographics and education needs 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.
Public Participation Encouraged
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.
Do you agree with the proposed classroom sizes?
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