By Johnathan Paoli
The Basic Education Department has rejected accusations of stalling the implementation of the Basic Education Laws Amendment (BELA) Act regulations, labelling them “empty political rhetoric” driven by partisan interests.
Speaking to Inside Education, Basic Education media liaison Lukhanyo Vangqa said that the department had already established 10 dedicated task teams to draft each of the BELA regulations. Two were completed and currently being vetted by the Office of the Chief State Law Advisor, with public release expected imminently.
“This modularised release approach is designed to prevent delays, not cause them. There’s been exceptional speed in drafting these regulations. Learners remain our top priority, regardless of desperate attempts to politicise this process,” Vangqa said.
The department’s response follows criticism from the African National Congress study group on basic education, which accused the Minister Siviwe Gwarube of deliberately sabotaging the BELA Act’s full implementation and colluding with right-wing organisations such as AfriForum and Solidarity.
ANC MPs alleged that Gwarube’s approach undermined transformation goals and entrenched exclusionary practices, particularly in the drafting of contentious regulations around admissions and language policy.
The ANC warned against what it called a “DA-led agenda” within the department, citing the replacement of “after consultation” with “in collaboration with” in key regulations as an attempt to dilute provincial powers and entrench the influence of historically privileged school governing bodies.
They claimed such changes would undermine the authority of Heads of Departments and benefit SGBs accused of racially biased practices.
Further fuelling tensions is the Western Cape education department’s practice of requiring learner photographs in school applications, which the ANC described as discriminatory and favouring white learners.
“These practices perpetuate apartheid-era exclusion and violate constitutional values of equality,” said ANC Study Group Whip Tshepo Louw.
Meanwhile, the Portfolio Committee on Basic Education, chaired by ANC MP Joy Maimela, has also expressed concern over delays and confusion surrounding the BELA regulations.
During a briefing on Tuesday, committee members accused the department of wasting time on “non-binding guidelines” rather than prioritising legally enforceable regulations.
“The committee expected these regulations by the end of June. Instead, we were presented with guidelines that some provinces believe contradict the South African Schools Act. If provincial departments are confused, what of school communities and the public?” Maimela asked.
According to Maimela, the committee engaged with eight provincial departments, most of which rejected the draft guidelines.
The Council of Education Ministers also referred the matter back to the Heads of Education Departments Committee, urging a focus on drafting the actual regulations.
Concerns also emerged over the vagueness of the department’s internal processes.
The committee asked Gwarube to submit a comprehensive report within four working days detailing how the guidelines came about and why they were prioritised over binding regulations.
In particular, the Western Cape education department came under fire for failing to provide a detailed readiness report for BELA Act implementation.
The committee refused to engage with the department’s “incomplete” presentation and demanded a revised submission with specific attention to admissions and learner support.
Despite these concerns, the department reaffirmed the minister’s commitment to inclusivity and progress.
“Minister Gwarube remains committed to acting in the best interests of the education sector,” Vangqa said.
INSIDE EDUCATION
