By Levy Masiteng
Basic Education Minister Siviwe Gwarube has published three sets of draft regulations and a related draft notice under the Basic Education Laws Amendment (BELA) Act for public comment as government continues implementing the legislation.
The public has 30 days to submit comments, with the consultation period closing on 5 September at 23:59.
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The four implementation instruments deal with the election and functioning of School Governing Bodies (SGBs), additional remuneration for certain state employees, minimum standards for teacher development facilities, and the National Education Information System.
The first instrument, the draft Notice Relating to the Election of Members of Governing Bodies, proposes a common national framework for SGB elections.
It provides for three possible voting methods: a traditional election meeting, voting throughout a designated election day, or secure electronic voting where a school has the necessary capacity and safeguards.
The second instrument, the Draft Regulations on the Prohibition of the Payment of Unauthorised Remuneration or the Giving of Other Financial Benefits or Benefits in Kind to Certain Employees, deals with circumstances in which an SGB seeks to compensate a state-employed educator or another qualifying state employee for genuine additional work.
The proposed regulations make clear that such payments may not be made informally or without oversight.
The third set of regulations proposes minimum norms and standards for Provincial Teacher Development Institutes and District Teacher Development Centres.
According to the department, the measures are intended to ensure teachers across the country have access to functional, safe and inclusive facilities for professional development.
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The fourth instrument, the Draft Regulations on the National Education Information System, proposes a national framework for collecting, verifying, storing, protecting and using education information.
The department said reliable information was essential for determining the number of learners and teachers in the system, identifying where classrooms, textbooks, educators and other resources were required, and tracking whether services were reaching schools and communities most in need.
“The BELA Act is law and its implementation is continuing. Our responsibility is to ensure that implementation is lawful, responsible and workable, and that the schools, governing bodies and education officials who must give effect to the law have clear and practical guidance,” Gwarube said.
“Public consultation is an important part of that process. These draft regulations and the related notice will support greater certainty and consistency across the sector, while giving the sector a meaningful opportunity to help improve the proposals before they are finalised.”
The department said that the consultation process does not pause the implementation of the BELA Act, which is already in force.
The Act amends the South African Schools Act of 1996 and the Employment of Educators Act of 1998.
President Cyril Ramaphosa signed the legislation into law on 13 September 2024 after years of parliamentary deliberation and public consultation.
The Act came into operation on 24 December 2024 after Ramaphosa proclaimed the date of publication of the commencement notice in the Government Gazette as the date on which the legislation would take effect.
Among its reforms, the Act makes Grade R attendance compulsory, changes provisions governing admissions and language policies at public schools, further regulates home education, strengthens governance and financial accountability requirements for SGBs, and makes changes affecting the management and conduct of educators.
The legislation also gives provincial heads of department greater authority in relation to learner admissions and allows them, under specified circumstances, to direct public schools to adopt more than one language of instruction. It also requires SGB members to disclose certain financial interests and further regulates additional remuneration paid to state employees by governing bodies.
Admissions and language provisions have been among the most contested parts of the legislation. When Ramaphosa signed the Act in September 2024, implementation of sections 4 and 5 — dealing with admissions and language — was initially delayed for three months to allow further discussions. The Presidency later confirmed that the Act was brought fully into force.
The department said the new instruments were intended to provide additional clarity, consistency and practical support in areas where schools, governing bodies and education departments must give effect to the amended law.
Gwarube encouraged parents, teachers, learners, SGBs, education organisations, unions, faith-based organisations, civil society groups and other interested parties to make submissions.
All comments received will be considered before the regulations are finalised, she said.
